apartment car parking

Your query does not contain essential facts:

1. Is it an Association or Co-Operative Society that is registered?

2.  Is the land conveyed in the name of the Association?

3.  Which state/city/town is your building located?

4. What type of parking are you referring to? (stilt, open space...)

Generally speaking, in maharashtra more often than not, the builder can continue excercising his right, cause the land is not conveyed to the society or association. If builder has retained a flat and un-sold stilt parking is still in builder's name, un-restricted usage is builder's right. Again, is there sufficient free parking for those flat owners not having bought the parking lots?

Each and every member right of car parking in common area. If it is society u go registrar of Society and complain for this matter.

it is association & querry about covered parking. 

Association took over the builiding 5 years before with unsold of 10 nos covered car parking in the buliding.

Now those car parkings were used by buiders who is having 1 flat in the same apartment.

The question is that those car parkings are belongs to association or still builder?

Few of flat owners wanted to buy car parking but it was not given by buider.

pl clarify.

Hope Mr r.ramachandran reading my query

If its an association of Apartments, then very limited rights can be exercised on the use of the 10 covered parking areas used by builder. Since the builder owns a flat in the building, he is also part of the association and am sure would have the documents to prove that he continues to be the rightful owner of the parking lots.

My suggestion: Try negotiation and mediation. Use the the open space available in the premises FOC.

Get the land conveyed as quickly as possible to the Association...Maharashtra govt has recently cleared some legislation on the same...

If negotiation and mediation fails, then approach a good lawyer and get ready for a legal battle to be fought on many fronts....the building sanction plans, urban development permissions obtained and rule applicable, recent HC rulings on the onus of builder to provide parking space and sale of such spaces, the corporation authorities, consumer forum etc.

all d best in resolving the problem (incidently its a problem faced by many flat owners....and egos cause obstacles)...