Parking inside apartment premise

Dear, THe Society is obligated to provide open space for all the members for car parking. However, the issues as highlighted appears to be involving a deep conspiracy and needs a tough call by the society management. A person on rent cannot handle an issue like this - it is better to demand a solution for your parking from the owner or look for an alternative accommodation.  There is no doubt the builder's atrocity can be ceased by filing a criminal complaint. However, this has to be handled by the members collectively.

vasudevan

Ownership of flat does not automatically confer a right to carparking.  Unless the owner of the flat has purchased such right and the carparking is specifically earmarked owner is not entitled to parking space normally.  Agreement between the Builder and Purchasers has to be gone through to find out if there is any way out.

Thank you Mr. Vasudevan for the guidance. i fully agree that i as a tenant cannot handle this all alone. the association and my house owner are fully with me and i am taking adivce through this forum for the common benefit of all. both the other parties are working in other directions as well. since there is already a case filed against the builder, he would not listen to the association's board members. instead he uses kind of thugs to get things done.

could you also guide us if there is a way in law by which we can stop these kind of people from directly interacting with the tenants.[very few of the house owners live there]. i directly do not want to engage with these people as i really dont have a base to fight the case against builder.

Dear,  the open space in a building/complex premises cannot be slod  as also stilt parking cannot be sold to any one/the flat owners. only closed garages are allowed to be sold to the members of the building.  as it is, when a person buys out a flat/apartment in a building or complex, he actually also buys the proportionate land are and thus all the flat purchasers together become the real undivided share owners of the land on which the building is built. Once the project is complete, the co-op society or apartment owners asso. has to be formed and ownership of the land trasferred to it.  thus to answer your question, the open space in the building can be used by all the members in common and hence if there are vehicles to be parked in the compound no one can stop unless the parking disturbs the access of any member or if there are other utilites commonly used by the building/apartment  in the open space. Builders usually do all sort of nusiances to get extra benefits. even after selling the flats, he thinks himself to be the owner and all other purchaser as tenants. You can very well ask your landlord/owner to take this matter under criminal law.

 Hmmm...thats a worrying point. could you clarify if 'purchasing the right for car parking' means covered car parking or even parking in the open space? by going through various similar issues in this forum itself, my understanding is that

1. the builder has to have space for accomodating equal number of cars as the no. of flats. right or wrong?

2. the open space [in this case everything is open space, there is no covered parking at all] is supposed to be available for all residents for the purposes decided by the assocn. builder cannot force people not to park there or reserve the space as per his wish. R or W?

 Well, i guess that answers my question to Sriraghu. Thank you.

the argument presented by the builder is that he has 18 houses there and he does not have enough space to accommodate more than 18 cars; hence everyone who has not paid for the car parking should park else where! btw, not all these 18 houses are occupied and even those occupied, not all the people has cars as well.

Thank you each and everyone for the responses. keep them coming, if there are any different views.

In fact one of the reason for coming into this forum is that the lawyer whom the association appointed to fight the case with the builder, was apparently bought out by the builder. he is delaying the case by ages and thats one of the reasons for the builders high handedness. the documents are with the lawyer and he gives excuses not to return them or fight the case. i honestly do not know who, why, how much truth etc is there in this info, but this is what i got to know from the association.

Dear friend,

Sriraghu is right, Unless you have bought the space for parking along with the apartment (Covered or open as the case may be) as well, you cannot claim any right as such. Check the title to the apartment you have and see whether there is any right mentioned there in to that effect.

I also agree with Ajay about the things building owners do. But at the same time people who buy apartments may purchase them with or without a right or earmarked space for parking. Usually people dont take such things into account while registration and later on the building owner shows his dark side. If I remember correct, Some time back in Coimbatore, a mall owner converted his mall's ground floor parking space into offices and they were demolished by the authorities as it was in violation of the building rules there.

Most people even go along with the building owner for registration where the building owner chooses the person who gets the registration done. Never buy that and always get it done with a person of your free choice and go through the draft of the documents properly before getting it registered.

Anyway thats all over and done with now, so lets see what else can be done. First check up with the authorities about the permits to the building. See whether there is a space earmarked for parking and if there is, see for whom it has been asigned or allotted. Building rules in most states specifically mention that there should be space reserved for parking in all buildings. You can file a Right to Information application at the concerned authority there for a copy of the permit aalong with a blue print or plan sketch of the building. Believe the authority is the B.D.A. Double check and ensure who the authority is, as I am not sure about the situation in Bengaluru. 

If the records at the authorities show that there is parking alloted for the occupants or residents of the building. Lodge a complaint at the authorities and also file a criminal case along with civil proceedings against the building owner for harrassing and denying your rights. Its better to consult a legal counsel for going along with the case.

And about the lawyer playing games, Call him up on the phone-on record and make him to talk about the records and about returning them. Then again call him up and tell him you are going to the Bar Council with a complaint if he does not return the documents. You will have ample evidence against him if at all you need to go ahead to the Bar Council and this should suffice for what he's throwing at you.

 Please keep us all informed & connected so we can work this out. Wishing you the best and glad to be of help.

I'm so sorry that I missed the part where you were a tenant. What I said applies to your landlord or actual apartment owner and other similar people in the association.  

The best options for you is what  Adv. Vasudevan has said and I qoute  " A person on rent cannot handle an issue like this - it is better to demand a solution for your parking from the owner or look for an alternative accommodation.  There is no doubt the builder's atrocity can be ceased by filing a criminal complaint. However, this has to be handled by the members collectively."