Shweta Deshpande (Not Applicable) 26 August 2013

Can housing society charge rent for parking?

Hi,

I am owner of a flat in a co-operative housing society in Pune. we did not buy the parking space from builder because of lack of money that time. Now the society has asked us to pay rent for parking. This is in stilt area (ground floor converted to parking space).

My question is - is it legal for society to charge rent for parking? Since it is part of common area and it is sold to all flat owners as built-up area.

Please advise.

Thanks,

Shweta

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8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 26 August 2013

For maintaining common area society can charge nominal amount.

2BHelpfull (Other) 26 August 2013

yes,

resolution must be passed in AGM only n amt must be nominal .

rekha bhanshali (house wife) 27 August 2013

Respected Lawyer, if stilt area grounf floor ( car parking ) purchase without agreement and not registered from the builders now society has taken the objection against Flat owner thos who have purcahse the Car Parking from the builders that as per the by laws of the society act this car parking place is belong to the society is it right please advice

2BHelpfull (Other) 28 August 2013

Originally posted by : rekha bhanshali
	Respected Lawyer, if stilt area grounf floor ( car parking ) purchase without agreement and not registered from the builders now society has taken the objection against Flat owner thos who have purcahse the Car Parking from the builders that as per the by laws of the society act this car parking place is belong to the society is it right please advice

builder doesnot have right to sale stilt parking

Society has a right over the Stilt parking.

Objection raised by ur Society is valid .

ravindra patil (propritor) 28 August 2013

yes,

Resolution must be passed in AGM only and amount must be fixed in AGM.

rekha bhanshali (house wife) 28 August 2013

respected Lawyer my questation is-society can take the car parking from the Flat owner? my second questation is if Flat owner fight with the society then he has right because he has paid to builders my another questation is one flat owner can keep 2 parking place? is it valid

2BHelpfull (Other) 01 September 2013

Originally posted by : rekha bhanshali

respected Lawyer
my questation is-society can take the car parking from the Flat owner?

my second questation is if Flat owner fight with the society then he has right because he has paid to builders

under Bye-Law no. 78(a) the Society can sell the stilt parking spaces to its members, after taking possession from the builder, and entering into a regular sale agreement and executing and registering the same.

Builder cannot sell the parking space.

my another questation is one flat owner can keep 2 parking place? is it valid.

ONE FLAT ONE PARKING (but only if the space is available then they can otherwise not )

Rudolf Rodrigues (Executive) 15 November 2014

In my opinion, if a resolution is passed in the AGM, then the Society has the right to charge parking charges on a nominal basis, and one is bound to pay the same!

Disclaimer: I am not a professional lawyer.