Response
Parking spots are included in the bylaws that society has enacted. Each member will be given one spot. If there aren’t enough spots, the allocation will be done by lot. Whether or not to allow commercial vehicles to park in the members-only parking space will be decided only by the general body meeting, not by the management committee.
The owners of commercial vehicles may not be permitted to conduct business from the parking area, but they cannot be prohibited from parking in an allocated parking space granted to them as an association member. There is no legitimacy in verifying the validity of the vehicle’s ownership using any technique selected by the committee members.
In various provisions of the Maharashtra Ownership Flats (MOFA) Act, 1963, the Maharashtra government has put down extensive restrictions surrounding vehicle parking, sale, and maintenance. This is to aid housing societies in laying up their management guidelines. This also includes providing legal options in the event of a disagreement.
The Maharashtra Ownership Flats (MOFA) Act permits residential housing societies to create and implement their own rules and regulations regarding automobile parking management inside their grounds. The essential duty, however, is to inquire about the vehicle’s data, including a certified copy of the RC book and the application form. Housing societies can manufacture stickers that can be placed on the car’s windscreen for easier verification and speedier mobility.
The allotment policy: Section 78 of the MOFA governs the allotment of parking spots and stilts. The housing committee assigns unsold and available parking spots and stilts according to the principle of “first come, first served.” The members do not have the authority to transfer or sell the committee’s allocation.
Eligibility for allotment of a parking space or stilt: Section 81 of the MOFA goes into great detail concerning who is eligible for allotment of a parking space and/or stilt.
A member who requests a parking space must possess a car, implying that the space should not be used for anything other than parking automobiles. A single member is only allowed to park in one available parking spot or on one stilt. However, if non-allocated parking spaces become available, the housing society committee can make a second or third allocation, but only on a year-to-year basis. However, such second and third allocations may be annulled if a member who has not been assigned even one parking unit, either open parking space or stilt, submits an application.
Further, section 82 of MOFA says that if a housing society has more qualified members than available parking spaces or stilts, the housing management committee must assign such parking places on an annual basis by “lot.”
As a result, the fact that the vehicle is not registered in the name of the member residing in the society should not be used as a basis for denying parking space because, in most families, anyone can own a car, and it is not always possible for the vehicle to be registered in the name of the society member, i.e., the flat owner. However, because you do not live in the society, it is possible that you may be denied a parking space. If you are dissatisfied with society’s decision, you may bring civil litigation in a court of competent jurisdiction to determine whether you are eligible for a parking place.
Reference: The Maharashtra Ownership Flats Act, 1963
Society Bye-laws. – – AHG311 – 202100581 – 166 – 192- 202100155-20210021-1034
LAWAYZ-2023-1033
