Common area - car park
SairamChennai
(Querist) 30 March 2015
This query is : Resolved
Sirs / Madam,
Owner did not mention the car park area in the deed, but only shown 3 cars in the parking area stipulated to 3 flats, whereas 3 cars cannot be kept at the provided location, now one of the owner want to rent his house mentioning that there is car park, as of now only 2 car were parked hence no problem occurred, now if the tenant brings the 3rd car there will be no space to park, what we are informing to the 3rd house owner that the common area is as per the percentage of the individual flat plinth area or we will split the 3 car park area equally into 3, then also 3rd car cannot be parked as a column is coming infringing the parking, hence there is dispute, how to solve this, is there any legal route we have to take and also inform me whether the common area is pertaining to individual flat plinth percentage.
ajay sethi
(Expert) 30 March 2015
has society been formed? if area is not sufficient for parking then parking would be allotted by society by drawing of lots . please note builder has no powers to sell car parking slots
Rajendra K Goyal
(Expert) 30 March 2015
Better form a society and allot the parking by draw of lots.
SairamChennai
(Querist) 31 March 2015
thanks for your advise. as it is just 4 flats apartment, society is not formed any one owner maintains, as the problem now arise, do we need to form and register society create bylaw and divide the common area equally or we can divide as per the percentage of individual flat plinth area
SairamChennai
(Querist) 31 March 2015
thanks for your advise. as it is just 4 flats apartment, society is not formed any one owner maintains, as the problem now arise, do we need to form and register society create bylaw and divide the common area equally or we can divide as per the percentage of individual flat plinth area
ajay sethi
(Expert) 01 April 2015
once society is formed society is the owner of land . deed of conveyance is executed in favour of society by the builder . bye laws can be obtained from housing federation office .
however for 4 members society would not be possible as minimum members for formation of society are provided in cooperative societies act .
better option would be to form condominium of apartment owners wherein each member would be absolute owner of his flat . it is the builder which has to take the steps for formation of society or condominium
