- This topic has 45 replies, 27 voices, and was last updated 1 year, 3 months ago by
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UWhen I bought my flat in a Mumbai Society, I bought the Car Parking space too. They had mentioned a seperate pricing for Car parking space which was included as part of the flat I bought. Off late the society has passed a rule that I cannot keep anything else in my own parking space besides my car. My question is, can a society dictate what I keep in my own parking space? If I am doing some housework, I don’t have any place to keep the debris, so I keep it temperorarily in the parking space. If my parking space doesn’t encroach another person’s parking space, can the society still fine me. They have passed a rule in their AGM that they will not allow anyone to keep anything other than their car in the parking space. If it’s my space which I have paid for, can a society dictate what can be kept and what cannot be kept?
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UWhat does RWA mean? I understand if the Car parking belonged to society. But if my sale agreement indicates that the parking space is exclusively mine, then how can a society dictate what I use it for.
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U“Whatever I want”, Right now car. But I just want to get clarity. How can I society dictate what I do on my private property?
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CGoing by that stupid logic, one can put up a bed in the parking space and then rent it out too, right?
Sometimes I wonder why I waste my life’s precious moments here on reddit.
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QYou live in a society…not on your own land…maybe try and do things that are mutually beneficial instead of looking for ways to screw over the society…
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URead your bye laws, RWA can even inspect your house. Rules such as no trash in balcony is also normal. You technically share the apartment with everyone else , just a unit is allocated to you.
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UI don’t know the laws/legal implications behind this, but this is very much the norm.
And sometimes I think it’s for your own good! I have seen people dump stuff, furniture, packing material, old utensils, old toilet fittings and what now which they can’t dispose of and can’t keep inside the home. My neighbours have dumped a mattress in their car park, why?, because the garbage collector has refused to collect it and throwing it away means hiring a porter and spending money to dispose of a rotten mattress. Indians simply can’t digest spending money on garbage. So they dump it.
In totality, it’s for the betterment of the society and maintaining of the decorum. Aids in better hygiene as well.
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UBased on what you are saying every rusted and dusty vehicle parked in every society, malls, parking lots and on roadside needs to be removed and recycled. That is a good thing. But that is not my question. Mine is a private parking area. It doesn’t belong to the society. There are common aparking areas that belong to the society too. My things do not encroach other owners private areas. Does their rule still apply then?
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UI don’t mean anything against you as an owner.
But, your parking slot, for which you paid lakhs, for which you paid extra money along with your flat, the slot which mentions your XYZ nameplate along with flat number embossed, is still within the society premises, right? If yes, then they can apply these rules. If not, and is outside the society, then obviously you can do whatever you want to do with it.
Regarding the slots which are owned by the society, they are called common parking slots or guest parking slots. That’s an amenity, or facility being given to you by the society. I understand your things, (which means anything else than a CAR), doesn’t protrude outside the markings, but still is not allowed.
It’s a dedicated CAR parking slot, not a store room. It’s not very difficult to understand, it just needs a shift in mentality.
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UIf you are a lawyer, noted on your point sir.
Can you guide me based on the below 3 laws as well.
1) Maharashtra Cooperative Societies Act, 1960 (MCS Act), along with the Model Bye-Laws
2)Transfer of Property Act, 1882
3) Maharashtra Real Estate (Regulation and Development) Act, 2016 (MahaRERA)If you are not a lawyer, can you point me to the right reddit forum. It would help me.
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UYes. Every space, including your flat, is governed by the society rules. There are limits to what the rules can limit, but use of parking space for cars only will definitely fall within the definition even if you fight. If you try and fight, you can probably delay or discourage them from enforcement. But legally they will probably win unless the agreement specifically is vague about the space
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SHow about preventing the resident from parking their 2-wheeler in their 4-wheeler allotted space? My society does that.
You would still think that’s fair? I think not.
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UIt might be depending on other facts. People don’t understand that getting a flat is different from ownership over a land+house. Anything other than you flat interior is community space and can be regulated as per HoA by laws.
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UNope, law clrealy states that if I dont want to participate in this, the builder and the society has to provide me with passage to my home in which i dont have to obey any laws govern by society so no not all common space are of community secondly the society by laws cannot infringe BNS or IPC, regardless of where you write and who signs it. For example if a shop says no return policy, and you go to consumer court the shop keeper is force to take things back in case of genuine falust, not matter his policy of no return.
It is as simple as that society can stick it the guy, has legal rights to the plot of parking, which he has bought, regardless of the name of it.
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UThis is bullshit, its your space do what you want, come to registrar office the AGM and the entire society would be finned and not just that the Manager / chairman might have to pay the fine from their own pocket due to this illegal dictatorship, the IPC Act of 1860 clearly define the use a spce that is paid by someone an its usage. Is a plot not a building that the usage cannot be changed, its not lie you bought a house and now made it into a shop, which also can be done with legal process.
But here society can stick it where sun dont shine.And if people find it offensive that can stick it too or get it cleaned with your permission or it would be theft and willful damage to property.
Go to a simple lawyer that charges like 500 inr, he/she can fix the racket and put people of society where they belong.
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SYou paid for car parking. Please park your vehicle there. You cannot turn it into a garbage dump. Although a society should have provisions for temporary storage of debris.
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UThe society only says to keep the debris there when working is going on. Since no one can use common areas for working. But my question is if I own the car parking, why can’t I decide what to keep?
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USimple answer is Car parking should be used only for parking and nothing else. There are certain legal provisions that I directly support this – like – parking areas to be used only for the designated purpose.. like swimming pool to be used only for swimming and not for washing clothes, etc.
Some of the reasons why generally RWAs doesn’t allow this are probably –
1. You allow one resident to use it as let’s say storage, soon many others will follow it
2. Potential fire hazard – depending on what you store/keep but if anyone is allowed anything, it is possible that someone would store a potential hazard.
3. Aesthetics, Cleanliness
4. Pest Nuisance – this is the most important one for me. I know that if we keep useless stuff here it is bound to attract all kinds of pests.. Rats can practically kill cars.-
UFinally a logical answer. I understand point 1,2,3,4. But can a society dictate what you do with it?
Let’s take the swimming pool example. Let’s say it’s your own private plunge pool you have attached to your villa. Can the society dictate that you can’t wash clothes there? or one cannot use it as a storage tank to water their plants? That plunge pool doesn’t belong to the society. But can it dictate terms and fine you for doing whatever you want on a property that you bought?-
UAgree.. However, when it is attached to your property the car parking becomes a garage. And usually there are no restrictions on what you keep in there. I was under the assumption that your parking space is within a common parking area – like a basement parking. If it’s a common parking area there has to be common rules.
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SDoes your sales agreement specifically mentions the exact space , then may be you have some leeway.
In most of the buildings , the space is owned by the society but allotted to the owner . So legally they can define the rules.
Further check society bye-laws to see if they have explicitly mentioned the restrictions. Sometimes the societies pass norms in AGM but forget to add it in bye-laws.
Still they might raise it to Municipal corporation as fire hazard (if it’s enclosed space).
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UThe open car parking cannot be sold by a builder legally. It is illegal ad per a court ruling ( you might have to Google it). Only enclosed car parking spaces can be sold by a builder. Check in your society bye-laws if there are any clauses relating to parking spaces.
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UIts a closed parking and is mentioned in the sales deed that it belongs to me and there is a seperate fee for the parking that has to be paid as well.
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SIt’s a good rule in my building many people use Parkings to throw garbage and it causes a mess ,good rule I suppose
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