Mika (None) 19 May 2011

Parking Fees by society

My Friend is planning to purcahse a flat.(Resale) The flat is under registered Apartment scheme and not housing society.

The owner has purcahsed flat from the builder, but owner did not purcahse parking ( or did not pay allotment charges to builder for Parking). Other flat owners have there own parking space. My friend contacted builder, but builder said, he has already handover the socity. The society chairman says that my friend need to pay 500/- pm for parking. My friend is confused. Builder says that, if my friend brings a letter from society that they dont have any objection on allotment, builder can allot him parking space by charging some amount. But society is not ready to give such letter. They are forcing him to pay the rent.

Since all other falt owner have there parking space, and my friend is even ready to buy one,why socity is forcing him to take it on rent? Is there any remedy? Can society sell the parking? Can we force society by any legal rule to allot one parking? My friend became odd man out without parking in that society.

My friend thinks that he might not be able to resale that flat again since the falt is not having its own parking

Can anybody suggest how to solve this problem?

Thanks

Mika

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5 Replies

R.R. KRISHNAA (Legal Manager) 19 May 2011

Dear Mika,

As per the recent ruling parking space cannot be sold seperately by builders or by anyone. Since it is a resale, first ask your friend to go through the previous sale deed and ascertain whether the property was originally sold along with car parking or seperately. Your friend's purchase shall be based only on the previous sale deed. As stated supra, parking space cannot be sold seperately, your friend may pay additional monthly charges to the society as rent for parking facility in case if your friend purchases the flat without car parking.

Best regards.,

V. VASUDEVAN (LEGAL COUNSEL) 19 May 2011

I fully endorse the views of Krishna. The society is empowered to regular the open parking spaces including charing monthly charges. Also Rs.500/- per month for a car is fair one considering the comparative fares charged. The society can, in future, make extra parkings, if there are enough space, subject to funds and requisite permissions and in such case allot a parking for a lumpsum (as allotment cost and not sale)

Vasudevan

Mika (None) 20 May 2011

Thank you for your repaly Mr Krishnaa and Vasudevan.

My freind was aware that there is no parking for the purcahsed flat. Does society have rights to collect the rent from parking? Is it not socieyt's duty to provide parking ( if avaialble) without any cost being a member of the society? Today the parking is 500/- pm but they might increase it to 1000/- tomorow. That;s why he want to own his parking? Is there not any way he can aquire his own?

Even though there is a ruling, builders are still charging for parking but they do not mention that charge in sale deed. They still give receipt of the money for parking mentioning that the money paid is for parking. Is this allowed for builder? If it is allowed, they why can society sell the parking space?

Could you please clarify these doubts?

I appreciate your help on this.

Regards

Mika

V. VASUDEVAN (LEGAL COUNSEL) 20 May 2011

Sale of parking by a builder is not permissible. Of course the practice of collection by builder and issue of a receipt continues which will be at own peril of the buyer and there are instances where the court has prosecuted

builders. The society has to maintain its premises and parking charges are one of the fair and permissible means. Society cannot raise the fees arbitrarily and the members collectively have a say in every decision of the society. Like all fares and prices, revision of parking charges are also inevitable and as long as the society follows the fair process it should not be held to be unfair.

Vasudevan