Car parking inside the society premises

Dear Sir,
14 members (including 2 non-members) cannot arbitrarily pass a resolution banning all 4-wheelers.

Even in registered societies, such decisions require a General Body Meeting (GBM) with proper notice, agenda, quorum, and minutes.

A blanket ban on car parking is unreasonable, arbitrary, and violative of natural justice and residents’ rights to use common areas

Dear Client,
A Schedule of property in a deed of conveyance/Sale specifies the volume of property, including a covered car parking garage or excluding the same. 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, does 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. In the given scenario, if the housing project is registered under RERA, then an aggrieved flat owner, serving a legal notice to the Builder, can file a complaint against him under Sec.31 of the Real Estate (Regulation and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service. The complaint may also be filed against the Builder post-service of a legal notice before the Consumer Court over alleged deficiency in service and unfair trade practice under Section 35 of the Consumer Protection Act, 2019 claiming compensation for harassment and cost of litigation within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim relief simultaneously before the Consumer Forum and RERA for the same cause of action at a time. If required, consult or hire an Advocate to navigate the issue in the right way.