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Rupali   21 February 2025

Allotment of parking in society builder is mia

Builder has not built parking for all flats as rest of the construction is pending. He has given allotment letter to few flats with parking numbers but few 10 flats dont have any specific number mentioned, jst a agreement of covered parking.

builder is not available to solve hence currently people park where the space is available.

now society has decided to allot parking at available space to people who have received the allotment, bt all 95 parkings are not available and so only the partial allotment can be done.society is not ready to allot spaces which are stull vacant and not assigned to anyone, they want allotment letter from builder when he has absconded tbe project.

due to this partial flats will get parking and rest will not as there is no construction.

can society take this action of alloting parking when enought space is not there for all memebers causing them to not have any space for parking their vehicles.

If society says they need builder to allot parking then how can they start marking for available slots without builder.

Currently people park on first come first basis bt after fixing partial slots remaining members will have no place to park



 15 Replies

V. VASUDEVAN (LEGAL COUNSEL)     21 February 2025

The situation is tricky but an amicable solution as an interim measure need to be found. Parking could be in rotational basis, with monthly rotation, for the time being. A proposal can be discussed in an SGBM for voting 

Rupali   21 February 2025

It is currently like that only. And hardly any dispute is raised in current arrangements.

bt now society has decided to allot the available slots to flat members as given by builder, which leaves the other ones whose parking is not yet build high and dry.

is there any such provision that society has to distribute parking to all members and not partial

T. Kalaiselvan, Advocate (Advocate)     21 February 2025

The society can call for an emergency meeting of its members to discuss this issue and take a decision based on the resolution passed by majority members.

If the builder has abandoned the constyruction and still some units are inciomplete then the buyers of those units are not entitled to car parking space until their units are delivered to them after execution of registered sale deed, if there are other members who are not yet allotted with the parking space then the society can decide based on the space available. 

Rupali   21 February 2025

Hi Sir,

 

All units are sold, but the parking facility isn’t complete as other wings are still under construction. Most owners received a letter with a designated parking slot, while a few of the last buyers only got an agreement stating that one parking space will be provided.

 

Currently, some allotted slots are ready, and others will be available once the next wing is completed. The society committee has decided to mark and allot only the available slots, leaving some owners without parking options.

They are asking us to get a letter from the builder for a parking number, but the builder is unavailable. Until the next wing is finished, parking cannot be fully allocated. The society has informed owners that they will mark the available slots and reserve some space for common parking.

T. Kalaiselvan, Advocate (Advocate)     21 February 2025

If you observe some irregularities or illegal allocation of parking space you may give a complaint to the deputy registrar of cooperative society against the society management and seek its intervention with a direction to the society to regulate the parking space as per law instead of taking biased decision.

Rupali   21 February 2025

Thann you sir.

can you suggest lawyer in pune who can assit in this, i do not know how to post this complaint under which section.

and can the resistrar ask the society to reverse there allotment once the complaint it addressed? Cause i think it will take time and they might complete the whole process by that

T. Kalaiselvan, Advocate (Advocate)     21 February 2025

You may look for a lawyer hailing from pune from this forum also or contact one directly in the local.

You can give a complaint to the deputy registrar directly without the assistance of an advocate too.

Writing a complaint is ver  simple, you vent out your grievances against the society drafted neatly in a plain paper, submit it to the authority and seek relief through the authority against the registered society in this connection.

Rupali   21 February 2025

Thank you Sir for your guidance 

T. Kalaiselvan, Advocate (Advocate)     21 February 2025

You are welcome for your appreciations...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 February 2025

In which State is your building? Has an Association or Society  been formed? What kind of Association or Society is formed, if formed? Is building construction over? Have all flats been sold? Where is the builder? The solution to your question will depend on answer to the above questions. If your building is in Maharashtra and a co-operative housing society has been formed and registered, the society can allot parking space to members on first come first served basis.

Rupali   22 February 2025

Its in Maharashtra, near pune.

All flats are sold, construction is completed for my wing( some facilities are pending)

builder is un available, so we formed our own co.op society , all members paid the money and society also aquired share certificates for all flats.

Society is not taking responsibility of complete allotment, only agrees to assign the parking for few flats whose parking shade and place is available. As we dont parking available for all 95 flats, it will be available when builder clears the under construction wings.

we asked society to allot us parking, bt the deny it saying we need allotment from builder which will mention the exact parking space. Then society just mark our flst number on it. But they ar enot ready find a space and allot to us in absense of builder

Sudhir Kumar, Advocate (Advocate)     24 February 2025

Detailed perusalof the agreement and the society consittuion is absolutely essential.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 February 2025

If there are vacant unallotted parking lots,  the builder is absconding and a Co-operative Housing Society has been formed the Society should take over the unalloted parking lots. Under the Maharashtra Model Byelaws the Society can allot the parking lots to members on application. If the number of parking lots are less than the number of applicants, the Soceity should draw lots and allot the parking lots to the winners for  one year. Thereafter the allotment by taking lots shou;d be repeated every year. This is what the byelaws say. Eventualy if the ownerships of parking lots are finally settled those who get the parking lots will park their cars there.. This is what I would do if I were the Secretary. I do not know what your Secretary would do. I am member of a co-operative housing society in Mumbai for decades and for some years I was also the Secretary. I have seen all kinds of legal issues.

Rupali   27 February 2025

Thanks,

this seems like reasonable solution. Not sure what our society has planned.

there are 3 types,

1) Flats with Parking allotment with a space marked on society map, and that parking is available.

2) Flats with parking alotment with a space marked on society map but that parking is unavailable due to no construction.

3)Flats with promissed covered parking, but ko marking on society map.

Society has decided to allot for type 1.

but 2 and 3 are still not sure. 
if they assigne type 2 flats the abailable parking which is alloted to no one, is it rote? Cause by society map that parking is unalloted and it should go to the people who havent got their allotment yet.

 


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