Car parking
Thyagarajan
(Querist) 25 April 2013
This query is : Resolved
In judgment 2544 OF 2010 as pertaining to the car parking, the SC has held the open/covered parking area in the high rise buildings are part of common area;promoter can not sell them;nor car parking area is not part of flat;the only right for builder is to charge the purchaser proportionally the cost of common area that includes the parking facility.
Then as per SC order can the association that takes over the building from builder, for convenience mark separate parking lot number for each owner with out charging the owner?
ajay sethi
(Expert) 25 April 2013
has the society been formed ? if so society can as per bye laws allot car parking slots to members
Thyagarajan
(Querist) 25 April 2013
Dear Mr. Sethi,
Society is in place. Only mistake it did is after allocating slot numbers it started getting rent instead of selling it? Is society right?
Raj Kumar Makkad
(Expert) 25 April 2013
Society cannot sell those sites but definitely it can charge interest thereon as per its bye-laws.
Thyagarajan
(Querist) 28 April 2013
Dear Raj Kumar,
One of the owners who have been paying rent for the past one year or so have given a legal notice to the society that the rents collected was illegal and the same to be returned or else he will lodge a suit in civil/consumer court.The lawyer had relied on provisions in sale agreement of the flat where in the builder has specified the parking lot is for specific usage of the purchaser only and subsequent interference in the matter by the society is illegal.When the President of society contacted the owner ,the owner insisted nothing but return of rents collected will be the basis for further talks in the matter.
Is there any use replying the notice by the society through a lawyer of its own explaining the claim of the owner is not well founded and asking him to face consequence if he defaults rent payment?
