Parking Management in housing societies has been a topic of discussion for a long time now as car parking and its management play a pivotal role in the housing society management. The Government of Maharashtra has put up detailed regulations for car parking management in the housing societies in the Maharashtra Ownership Flats (MOFA) Act. These regulations are taken up to assist the housing societies in implementing their housing society management rules and provide legal solutions if a dispute arises.
The MOFA was introduced in 1963 with the aim to regulate the promotion of the constructions, sale and management along with the transfer of flats on ownership basis valid in the state of Maharashtra.
Let’s look at such sections of MOFA which regulate the car parking management in housing societies:
Parking rule as stated in MOFA:
The MOFA allows the housing societies to structure and implement their own rules and regulations regarding the management of car parking within their premises. The first and foremost point being to enquire about the details of each vehicle with a detailed certified copy of the RC book along with the application form. To verify easily and quickly, the housing societies can come up with stickers which can be stuck at the windscreen of the car.
The policy of allotment:
Section 78 of MOFA has further simplified the car parking management in housing societies by clarifying the allotment of the parking spaces and stilts. Here, it is stated that the allotment of the parking spaces and stilts which are unsold will be available by the housing society committee on the basis of first come, first served. And the members of the committee do not have any such right to transfer or sell the allotted space confirmed by the committee.
In section 79 of the Act, it states further restriction on the usage of the parking spaces and stilts, exclaiming that the members are not allowed to use parking spaces or stilts more than what they have purchased or were allotted by the committee.
Marking of parking spaces:
In section 80 of MOFA it is found that any parking space that is available should be well-marked to avoid any inconvenience and dispute regarding the parking management within the housing societies. The members should abide by the allocated number of the parking space and its boundary. It’s also mentioned that the boundary should be marked well enough so that the vehicles can park conveniently and can avail the driveway connecting to the nearest roads.
Eligibility of getting an allotment of parking space or stilt:
In section 81 of MOFA, it mentions the length and eligibility of getting an allotment for parking spaces and stilts.
A member who needs an allotment of parking area should own his/her motor vehicle, which clarifies that the allocated space should not be used for any other purpose than parking vehicles. Only one member is eligible for one parking area be it an open parking space or stilt. If there are non-allocated parking areas available in the parking space, a second or third allocation can be allotted by the housing society committee, If a member who has not been allocated even a single parking unit, be it an open parking space or a stilt makes an application for an allotment, such allocations can be canceled.
Section 82 of MOFA states that if a housing society has more eligible members than the available parking spaces or stilts, then the housing management committee shall allocate the parking areas by “lot” on an yearly basis.
Parking management in housing societies is a dedicated task which often involves fees which are chargeable from the residents and owner. Section 84 of MOFA mentions the parking charges. The members who are allocated with a parking space or stilt should pay an annual parking charge according to the amount decided by the general body meeting of the housing society.
Parking management in a housing society is not a task to be handled lightly, however with the advancement of technology, it no longer needs to be messy and chaotic. onesociety society management solution, powered by oneapp, is an all-rounder society management software that includes parking management features to help manage and maintain the vehicle recording and parking system easily and efficiently in a housing society.
Also, read our article on: “Co-operative housing society bye-law- no.7“