Allotted parking by builder changed through owners association

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 the open/stilt parking spaces and cannot pass/issue any discriminatory order or arrangements. In an apartment complex registered under the state specific Apartment Ownership Act, individual members do not own these parking spaces. As per the Real Estate Regulatory Authority (RERA) Act, 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. For any kind of dispute related to the functions/activities of the association, an aggrieved resident member of the association can escalate his/her grievance before the competent authority under the Act, i.e, the State's Housing Deptt and for deficiency in service on the part of Association to the District Consumer Forum concerned seeking appropriate relief.