O-operative housing society
shalini g n
(Querist) 25 January 2016
This query is : Resolved
this is a case where builder had allotted car parking to INDIVIDUAL members as per available car parking space in FSI consumed before formation of CHS, as the further development work was in progress so builder could not convey the land past 15 yrs. and the members are using the parking space since then as it is that was allotted to them while handling over the flat possession, meantime the builder wanted formation of an apartment and hence had sent deed of declaration for consent of the members but the members opted for CHS and that was formed on oral consent of the members that rights regarding share in common proportionate area including car parking of all the members of all the building will be protected and continued as it is forever and there shall be no change and no objection to it in future... accordingly builder initiated process for formation of CHS and CHS is formed...
now conveyance of the same is initiated but at this stage the members have raised an objection regarding parking seeking individual parking lot for individual members of all the building separately no any member of any building will have
parking in each-other building.. though they are enjoying parking as common proportionate area as per sanction plan..?
what is the remedy in this case...?
i have gone through many cases/ queries related co-operative housing society what i could find is that in almost every case it is the rights vested with the members of CHS regarding any issues... my question do builder too have rights in any way...?
ROHIT SHARMA
(Expert) 25 January 2016
1. If CHS is formed then it is up to the CHS members as how best the common parking space shown in the layout plan can be shared and allotted to each member. The builder has no say in such matter. The members can have such right to own parking space if such parking space is been paid for and mentioned in the sale deed.
Rajendra K Goyal
(Expert) 26 January 2016
Builder can not sell the stilt parking. If CHS formed, ask it to allot available parking site.
