Parking Charges

Whether it's a two-wheeler bike parking or four-wheeler car parking in open or stilt area, Parking has been a matter of major concern for housing societies / RWA / Flat Buyer -Association or Condominium. Method of parking allotment, space, parking charges, ownership of the parking space etc. are some of the key issues society members and office bearers keep struggling. Let's look at what are the legal position on parking space in society;

Model Cooperative Housing Society Bye-laws

The recent bye-law 78 till 84 of the Model Cooperative Housing Society provides better clarity on Policy of Parking allotment, Restriction of Parking Slots, Marking parking space, Eligibility of Parking space allotment, Parking Charges etc.

The Maharashtra Ownership Flat (Regulation of Promotion of construction, Sale, Management of Transfer) Act 1963 (MOFA)

Under Section 84 of the MOFA Act, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.

Both the applicable legal provisions provide the window for the General Body to decide ad fix the rates / charges for the Car / Bike Parking which can range from Rs. 10 to Rs. 10,000/- per month. It has also been seen that many society also impose a Refundable Security Deposit for Car Parking Space ranging from Rs. 50,000/- to Rs. 5,00,000/- by passing a resolution in the General Body meeting. It is important to note that such resolution is in violation of the bye-laws / Society Rules. Maharashtra Society Rules 39 restricts these rights of the society to raise such funds.

It has also been noticed that most of the builders / developers sell the open / stilt parking space to the members at the time of selling the flat some where between Rs. 2,00,000 to Rs. 20,00,000 depends of the type of building / property, which is illegal (read more on parking) since such space is defined as “Common” space and apartment complex / society / RWA “Solely” owns the common spaces wherein each member of the society has the equal right. Therefore;

1. The members DO NOT own these spaces individually
2. Allotment of Parking space is in accordance of the guidelines set by the General body which is an "Administrative function" and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
3. Registered members include family members and associate members staying in the same flat in the same society
4. Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members subject to parking space available in surplus.
5. Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) being common area and hence no one can sell.