When living in a housing society, there are different types of housing rules and regulations,
One of them is car parking and its dedicated spots, two wheeler or car parking spaces have been often a matter of concern for flat owners in complexes, the developers and builders charge around Rs 2 lakhs to 15 lakhs for dedicated parking spaces, which sometimes turns out to be more expensive than the car itself.
Here we are describing the types of car parking spaces which are given by the builders and society owners:
Open parking – These are uncovered areas within the apartment complex premises
Stilt parking – These are particularly covered parking spaces on the ground floor of the housing society
Garage parking – Completely covered and secured parking spaces
As per the “Apartment Act”, most of the states in India car parking is a part of the society’s common amenities and areas. Since the purchase of parking spaces has been proven to be illegal, the transaction which was made to purchase that space would ultimately become null and void. Once the housing society is registered, then they become the owner of all the common spaces of the society including parking areas.
For say, if there is less space for parking, then the committee would have to decide among them for whom they will give the space for parking inside their housing society. Here the parking space would be given on the first come first serve basis. If the society wants they can ask them to perform and practice the quarterly reshuffles of the parking spots to make sure that every resident gets to enjoy the experience of parking spaces. If this is not happening then the members have the right to claim ownership of the parking space.
As per the section 84 under the MOFA Act, every member who has been allocated stilt parking space they shall be paying for the parking in spite of the fact that he actually parks a vehicle or not, society can recover different rates for different types of vehicles.
As per a law that has been mandated by the Mumbai High Court, the builder or constructor is not allowed to sell parking spaces inside the society and even outside. This has been confirmed by the Supreme Court of India too.
We all are aware that the parking spaces are common that belong to the entire housing society, allotment however if among the decision of the housing society committee.
It is said that the apartment complex people are the one who owns the stilt or open parking spaces. It’s not just the members who own this space.
Allotment of parking space which is usually called a job of Administration function, and the management committee as well due to the general body, who are powered enough to give the parking space to its own registered members. It is said that tenants usually don’t have any right on the parkings spaces given by housing society, yet they can park their vehicle in the society if the society committee allows.
The number of parking spaces is decided on the basis of layout plan, as it is approved by the civic body ( BMC ). Also it is under the development of control and under the Fire Act Rules. The managing committee has the right to adhere to these and basis that allot parking space
In the grid of all these rules and regulations, there has to be a systematic solution for housing societies to provide the ease of this amenities to their members, onegate is one such parking management software that handles your safety, security and parking management as well.
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