Managing car parking in a housing society forms one of the very important duties for the housing society management committees. Once a society is formed and registered, they are encouraged to lay out the rules and regulations for themselves so as to allow them better management of their particular society. To make the tasks of creating rules and regulations easier, Maharashtra Government has laid out detailed regulations regarding various aspects of housing society management. The sale and management of the car parking slots being one of them. In the MOFA, the government has added several clauses to assist the societies to base their rules & regulations on them while chalking out their housing society management rules and also to provide the legal solutions in case of any disputes arising.
In this post, we will discuss the sections of the MOFA that regulate the car parking management of housing societies.
So, what is MOFA?
MOFA stands for Maharashtra Ownership Flats Act. The Act received its accent of the President in the year 1963. It has been laid with the aim to regulate the promotion of construction, sale and management, and transfer of flats on ownership basis, in the state of Maharashtra.
Parking rule as per MOFA:
MOFA allows residential housing societies to frame and lay their own rules and regulations related to the management of the car parking within their premises. However, the basic obligation is to enquire about the details of the vehicle including the certified copy of the RC book along with the application form. For ease of verification and faster movement, housing societies can make stickers that are to be stuck to the windscreen of the cars.
Policy of allotment:
Section 78 of MOFA covers the policy of allotment of the parking spaces and stilts. The allotment of the parking spaces and stilts, that are unsold and available, is done by the housing committee on the basis of ‘first come, serve served’. The members don’t hold the right to transfer or sell the allotment done by the committee.
Section 79 of the Act, lays further restriction on the usage of the parking spaces and stilts stating that no members are allowed to use parking spaces or stilts more than what s/he has purchased or is allotted by the committee.
Marking of parking spaces:
Section 80 of MOFA stated that any parking space available should be well-marked to avoid any chance of inconvenience and dispute. Members are required to abide by the allocated parking space number and its boundary. Further, it also reinstated that the boundary marked should be enough to conveniently park vehicles and should be served by a driveaway connecting to nearby streets or roads.
Eligibility of getting allotment of parking space or stilt:
Section 81 of MOFA discussed at length about the eligibility of getting allotment of parking space(s) and/or stilt(s).
A member seeking allotment of parking area should own a motor vehicle, which precisely sums up that the allocated space should not be used in any format other than parking vehicles. One member is eligible for only one parking area either open parking space or stilt. However, in case there are non-allocated parking areas available, a second or third allocation can be made by the housing society committee, but on a year-to-year basis. However, in case a member who hasn’t been allocated even one parking unit, either open parking space or stilt, makes an application, such second, third allocations can be canceled.
Extending a bit further, section 82 of MOFA states that in case a housing society has more number of eligible members than the available parking spaces or stilts, the housing management committee shall allocate such parking areas by “lot” on a yearly basis.
Section 84 talks about the parking charges. All members, allocated with a parking space or stilt are required to pay an annual parking charge as per the amount decided by the general body meeting of the housing society.
So, as we noticed so far, the management of parking spaces in a housing society by itself poses a full-wing task. From verification of the vehicles to allocation/reallocation to levy of charges and collection, definitely it’s a tedious task requiring meticulous attention.
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