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Parking can cause confusion and conflict in a housing society. With limited space and a growing number of vehicles, it’s essential for residents to understand the rules, their rights, and the charges involved. Therefore, this guide will clarify the legal and practical aspects of parking fees in Indian residential societies.
Understanding the Law
The rules for society parking are governed by the Real Estate (Regulation and Development) Act (RERA), the Maharashtra Ownership Flats Act (MOFA), and the society’s own bye-laws. A key ruling from the Supreme Court states that builders cannot sell open or stilt parking spaces. These areas are considered common property belonging to the entire society, not to individual owners.
- Common Area, Not Your Property: When you buy a flat, you get the right to use a parking space, but you don’t own it. This means you cannot sell, transfer, or rent the space to an outsider.
- One Car, One Space: Usually, each flat owner gets one parking space. If there are extra spaces, the society can assign them to members with a second car. They do this on a year-to-year basis.
How Societies Decide on Parking Charges
Builders cannot sell common parking spaces, but a housing society’s General Body Meeting (GBM) can collect parking fees. Societies use these charges as income for maintaining and securing the parking area, which includes lighting, cleaning, and CCTV. The fee can vary based on several factors:
- Vehicle Type: Societies might set different rates for cars and two-wheelers.
- Number of Vehicles: Many societies charge a higher fee for a second or third vehicle to manage space fairly.
- Parking Location: Some societies have different charges for open versus covered (stilt) parking.
The GBM must, therefore, pass a formal resolution to approve these charges. Ultimately, this ensures the process is transparent and agreed upon by all members.
Key Rules for Residents
Every resident should know a few basic rules to ensure harmony.
- Display Your Sticker: Most societies give out parking stickers or ID cards. You must display these on your vehicle for security.
- Park in Your Spot: Always park in your assigned spot. Parking in front of gates, in common pathways, or in someone else’s spot is forbidden and can result in fines.
- Guest Parking: Societies must save a percentage of spaces for visitors. If you have a guest who needs to park, you should get permission from the management committee and inform security.
- Tenants’ Rights: Tenants are generally “nominal members.” They can use the parking space assigned to their landlord if it is in their rental agreement. Societies cannot charge tenants unfair or discriminatory parking fees.
Avoiding Disputes
Parking disputes are common in housing societies. To avoid them, you should:
- Read the Bye-laws: Get to know your society’s specific parking rules.
- Communicate: If you need an extra space or have a concern, talk to the managing committee directly.
- Be Patient: Understand that managing a limited resource for many people is challenging.
Ultimately, by understanding and respecting the established rules, you can help create a fair and orderly parking system for everyone. Furthermore, this proactive approach to compliance not only prevents disputes but also contributes to a more harmonious living environment within the entire society.
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