Response

If you own a 4-wheeler vehicle, youÕre eligible for a parking space or stilt (usually one or two according to your BHK size). Members are seen parking more than vehicles than allowed in their allotted space/s. For example, the husband already owns a car and parks in his usual spot. When the wife buys a new one or a relative/friend visits for an extended period, they park theirs in the open space or guest parking without permission.

Solution: If youÕve been allotted a car parking space/spaces (according to your BHK size) which youÕre already using, and even if it is big enough to allow an extra two-wheeler parking, consult the MC before permanently parking it. Extra cars/ scooters cannot be parked in spaces not allotted to you unless approved by the MC. You have to pay parking charges for an additional four-wheeler parking. A fine may be placed by society for violation of vehicle parking laws in society.

Open parking spaces lead to confusion among members if there is no structure or markings for them to follow. Unabiding members can inconvenience the rest regularly.

Solution: Bye-laws require a society to mark and number parking spaces (for bicycles, 2-wheelers/ 4-wheelers separately).

According to RERA Act (2016), covered garage space can be sold separately by the builder, however, open or stilt parking spaces are clearly defined as part of common amenities such as lobby, stairs, elevator, garden, etc. Therefore, it is illegal for a builder to charge a buyer for a separate parking space. These become the property of the society as soon as itÕs registered, an Occupation Certificate is issued by the municipal corporation and the builder arranges a handover.

Various apartment acts (e.g. Maharashtra Ownership Flats Act, Delhi Apartment Ownership Act) allow MC to constitute their own parking rules including a parking fee which is decided in the General Body meeting, varies from types of vehicles, and is to be mandatorily paid by members.

As per noida authority by laws one open car parking is free. builder can only charged for covered parking. so the action of builder is illegal and you can file complaint against builder before the RERA authority for refund of open parking if any paid by you, in that case builder has the right to compensate you with the amount, which he is taken from you for the allotment of the car parking.

Reference: Real Estate Regulatory Authority

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