Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
So, if there are a limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI (Floor Space Index) consumed. This has been confirmed by the Supreme Court of India too.
Can a builder and land owner get into such an agreement of distribution of parking?
- Yes, as and when they want to do or this has to be the part of joint venture agreement.
- Secondly do they have to submit the same to the regulatory authority or not.
- Thirdly can we constitute RWA at this time when the campus is not complete to tackle such problems or the other in future.
The RWA (Residents welfare association) is the actual owner of the parking space in the apartment complex. You have to constitute one and get it registered to solve not only this parking space problem but for all other problems within the complex of the apartments.
- The apartment complex “Solely” owns the common spaces (Stilt or Open)
- The members DO NOT own these spaces
- Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
- Registered members include family members and associate members
- Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body GHMC (Greater Hyderabad Municipal Corporation) It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.
Do’s and Don’ts to be followed in the parking lot:
- While entering the premises maintain a speed limit of 10 km/hr. while driving your vehicle.
- Make sure that the “Entry Sticker” is pasted on your vehicle.
- All the occupants should ensure that garbage or other refuse is not thrown in the Society premises, Stairway, corridors, etc.
- Any renovation/refurbishing /wood work/shifting etc. in the house should be carried out strictly between 9 a.m. to 7 p.m. to avoid inconvenience to the senior citizens, kids and women who stay at home.
- The visitor’s parking is usually outside the premises, please don’t insist the security guards for any exception. Please inform the security guard if any visitor is expected to stay overnight so that the car can be parked properly.
- Give priority to the people to exit from the lift than board the lift.
- For loading and unloading of heavy/construction materials, furniture etc. lifts should not be used.
- Do not park your vehicle in other’s parking space without the owner’s permission. Those who have not been allotted any parking space should park their vehicles in open parking area.
- Do not park your vehicle in front of the lift’s exit, main gate or at a place blocking general access or other vehicles.
- Taxis and Auto rickshaws can be allowed to enter the society premises for old aged people, sick person and persons carrying luggage