Housing society parking rules

Dear Client.
Open /Stilt parking, visitor parking, and basement parking are not included in the FSI (Floor Space Index) calculation and accordingly do not appear in the schedule of the deed. Stilt parking means partially covered spaces on the ground floor or basement of a building, with an 8-foot ceiling height from the ground. The builder as well as the housing society do not possess ownership rights over these parking spaces. As per the Real Estate Regulatory Authority (RERA) Act of 2016, builders are allowed to sell covered garage spaces separately. However, open or stilt parking spaces are considered common amenities and cannot be charged separately. So, unless a resolution is passed on a two-thirds majority vote in a meeting approving allotment of parking space on a rotation basis every year, a society cannot implement that resolution in respect of open/stilt parking space which is a common area useable by all the resident members of the society. The Supreme Court of India upheld the 2011 Bombay High Court verdict in the Nahalchand Laloochand Pvt Ltd vs. Panchali Cooperative Housing Society case stating that parking spaces are common facilities provided by society and cannot be sold separately. So, if the action of the Society appears to you unjustified or discriminatory, you along with other equally aggrieved members of the society may escalate your grievance before the Registrar or Dy. Registrar of the Cooperative Societies seeking appropriate relief in the matter. A resident member of a society registered under the Maharashtra Co-operative Society Act, 1960 has the right to approach the competent authorities for resolving his grievance or complaint against the activities of a society, including the Registrar/Dy. Registrar, Cooperative Societies, Co-operative Court, Civil Court, Municipal Corporation, and Police, among others. Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960.