Parking dispute north east spot controversy in hyderabad apartment

It seems like a classic parking dispute! To resolve this issue, consider the following steps: 1. *Review the property documents*: Check the property deed, sale agreement, and building plans to see if the North-East parking spot is specifically allocated to your unit or is a common area. 2. *Check the bye-laws*: Look into the apartment complex's bye-laws or rules to see if they specify parking allocations or procedures. 3. *Communicate with the residents*: Try to understand their concerns and explain your perspective. Perhaps there's a misunderstanding or a solution that can benefit everyone. 4. *Involve the builder or landlord*: If the residents are insisting that you resolve the issue with the builder or landlord, reach out to them and request their assistance in clarifying the parking allocation. 5. *Mediation*: Consider mediation to resolve the dispute amicably. 6. *Legal action*: If all else fails, you may need to explore legal options, such as sending a legal notice or filing a suit for injunction or specific performance. Remember to stay calm, patient, and open to finding a mutually beneficial solution. Consult with a legal expert to get specific guidance on your case.

1. Review the Property Documents:

We have already reviewed the property deeds for all 10 flats, and each one states that the owners are entitled to 100 sq. ft. of parking space. However, none of the parking spots were officially allotted on paper. The North-East parking spot in question is not explicitly allocated to any specific flat in the sale agreement or building plans. The parking allocation has been based on mutual agreements between residents since the purchase of the flats and through builder & landlord advice later.

2. Check the Bye-Laws:

There is no registered Residents' Association for our apartment complex as it only has 10 flats. Therefore, there are no formal bye-laws or rules that specify parking allocations or procedures. Parking has been managed through mutual understanding between residents, but this has led to disagreements, particularly regarding the North-East parking spot.

3. Communicate with the Residents:

We have already communicated with the residents regarding this issue. The majority of them are opposed to us using the North-East parking spot due to Vaastu concerns and GHMC regulations as it is in the setback area/NE. While we understand their concerns, we were assured by the builder and landlord that this spot belongs to the 5th-floor flats (ours). Unfortunately, the residents continue to insist that we resolve the matter with the builder or landlord or proceed legally against the builder/landlord.

4. Involve the Builder or Landlord:

We have reached out to both the builder and the landlord. They have verbally confirmed in a call that the covered parking spots under the building are for the first 4 floors, and the outside parking spots (in the setback area, including the North-East spot) belong to the 5th floor. However, the residents are not accepting this and are still blocking our use of the North-East parking spot.

5. Mediation:

We are open to mediation, but so far, the residents have not shown interest in finding a mutually beneficial solution - no alternative solutions are being accepted.

6. Legal Action:

If all other avenues fail, we are prepared to explore legal options. We are reluctant to take legal action against the residents, as they are generally good people, but we may have no other choice if the issue remains unresolved. We would consider sending a legal notice or filing for an injunction to secure our right to use the parking spot that was verbally allotted to us by the builder and landlord.

We welcome further advice and insights from members of this forum to help guide us on how best to move forward, given the complexities of the situation.

Sale Deed Details: All 10 flats in the building have sale deeds specifying 100 sq. ft. of parking space. However, none of the parking spots were officially allotted on paper, and it has been a matter of mutual agreement between the residents. There is no registered Residents' Association, as the building only has 10 flats.

Request for Advice:

We are seeking advice from members of this forum on how to proceed with this issue. Our key concerns are:

1. Parking Allocation: There should be 10 parking spots for 10 flats, but currently only 8 exist. The other two are in the shared/setback area, with one of them causing concern for all the residents.
2. Legal Action: We are not comfortable filing a legal case against the residents, as they are generally good people. However, if we have no other choice and it is legally allowed, we are willing to proceed.
3. Parking Rights: Are we within our rights to ask the builder/landlord to officially allot us our parking spots? Alternatively, can we ask the court to allow us to park in the builder/landlord allotted North-East spot, even though some residents oppose it due to its location in the setback/common area?

Your guidance and advice on the best course of action would be greatly appreciated!

Really this is first time ever, i see anyone explaining the whole of situation like that, signifying  good expression skills.

Anyways you have either to settle with you neighbors amicably as there is neither any allotment nor any policy available. If you cannot reach to any settlement then file an injunction suit  against the builder and make the nearby neighboring flat owners the defendants too and seek against them a restrain order not to use your parking place.

There is no other way.

Thank you for your Advice :)
We will consider it. We are concerned that since the parking in the set-back/common area, we might lose both our parking spots through the legal process / GHMC regulations.

You can consult and take the assistance of an experienced lawyer in the local and proceed as suggested /advised for all such further issues.