Common area in apartments
Querist :
Anonymous
(Querist) 26 November 2019
This query is : Resolved
Hi, ours is a 4 block apartment with 24 flats in each block. Out of the 96 flats, 95 flat owners bought stilt car parking from the builder during possession. In all blocks there are front and back parkings i.e. one parking is behind and one in the front. We had an area in one of the blocks which was earmarked by the builder for commercial let out. But the association fought for 10 years and recovered that area from the builder and the builder said that he will vacate it if the association is ready to forego the corpus of Rs. 16 lakhs which he did not give in lieu of 8 parking which the association will get. The association agreed, but now the block in which this area is present they are objecting and saying they will pay the legal fees and take ownership of that area. Is that correct?
Further, the association is allocating 7 car parking including the visitor car parking and planning to construct a shed and allot those parkings to owners. Is it correct? Please clarify. If it is not correct, what is the solution?
SHIRISH PAWAR, 7738990900
(Expert) 26 November 2019
Dear Anonymous,
Your association can allot parking as per application of members and any resolution of association.
Regards,
Dr J C Vashista
(Expert) 28 November 2019
Your association has engaged an able, competent and intelligent lawyer who is well aware about the facts of the case, what is his/her opinion/advise, proceed accordingly.
Obligation of experts on this platform on the basis of limited facts posted by you can not be correct.
Selling of parking is illegal hence it is advisable to consult a local prudent lawyer with relevant case file for proper appreciation, guidance and proceeding.
