Apartment Car Parking Rules in Housing Society

Introduction

Homeowners base a lot of their buying decisions on the availability of good amenities, car parking being one of the top priority needs. With the proliferation of high-rise buildings, parking spots in residential societies are an everyday battle. The lack of uniform parking laws across the board concerning parking rules in societies has created an epidemic of unwritten rules and indiscriminate behavior by everyone at stake. How does one maintain sanity and ensure fair treatment when there are too many cars and not enough space? This is why societies have bye-laws for parking. Read more to find out the car parking rules in housing society.

Apartment car parking problems & their solutions

1. Unofficial parking

If you own a 4-wheeler vehicle, you’re eligible for a parking space or stilt (usually one or two according to your BHK size) at your apartment car parking. Members park more vehicles than allowed in their allotted space/s. For example, the husband already owns a car and parks in his usual spot. When the wife buys a new one or a relative/friend visits for an extended period, they park theirs in the open space or guest parking without permission.

Solution: If you've been allotted a car parking space/spaces (according to your BHK size) which you're already using, and even if it is big enough to allow an extra two-wheeler parking, consult the MC before permanently parking it. Extra cars/ scooters cannot be parked in spaces not allotted to you unless approved by the MC. You have to pay parking charges for an additional four-wheeler parking. A fine may be placed by society for violation of vehicle parking laws in society.

2. Guest parking

A common occurrence is that even though there’s space inside the building for guest parking, security guards, at the behest of MC or out of their own volition, instruct delivery personnel, guests, and visitors to park their vehicles out on the streets. Sometimes such unnecessary measures lead to vandalism and theft of vehicles.

Solution: A building has to keep at least 25% space for visitor parking as per BMC though it recently dropped it to 5%. Give strict instructions to guards regarding visitor parking rules as per your apartment by-laws.

3. Unmarked spaces

Open parking spaces lead to confusion among members if there is no structure or markings for them to follow. Unabiding members can inconvenience the rest regularly.

Solution: Bye-laws require a society to mark and number parking spaces (for bicycles, 2-wheelers/ 4-wheelers separately).

4. Unfair allotment

In societies with limited parking spaces and where some residents own second and third vehicles, they occupy more parking spaces (albeit while paying for it) even though other owners who may own just the one vehicle are not given a parking space and some are made to park outside the building.

Solution: The MC allows parking on a 'first-come, first-served basis for eligible members who own a vehicle. If unoccupied spots are at society's disposal, the same member may be allowed second and third stilts/parking spaces on an annual basis, except there are no other eligible members who haven't even been assigned one spot. 

5. Tenant parking

Tenants are sometimes not allowed to park inside the society premises if there is an excess of permanent resident vehicles.

Solution: If the landlord is already eligible for a parking spot, then the tenant should get access to it legally. It is the responsibility of the landlord to ensure that the tenant gets a spot. Only if the landlord isn't eligible for parking, the tenant may be asked to pay for parking charges, unless the landlord decides to pay it on his behalf.

6. Limited number of parking spots

Due to the parking space deficit and excess of vehicles (especially 4-wheelers), residents are required to park outside in the building vicinity regularly.

Solution: If there are way too many vehicles belonging to eligible members, the society draws a lot every year. Another option is to provide spots on a rotating basis. Everyone is given an equal opportunity to park inside even though they may have to take turns.

Apartment car parking laws in India

According to RERA Act (2016), covered garage space can be sold separately by the builder, however, open or stilt parking spaces are clearly defined as part of common amenities such as lobby, stairs, elevator, garden, etc. Therefore, it is illegal for a builder to charge a buyer for a separate parking space. These become the property of the society as soon as it’s registered, an Occupation Certificate is issued by the municipal corporation and the builder arranges a handover.

http://mohua.gov.in/cms/rera.php

This is per the Supreme Court decision that upheld Bombay HC’s verdict in 2011 in the case of Nahalchand Laloochand Pvt Ltd vs Panchali Cooperative Housing Society. The builders agreed that they can sell parking spaces to outsiders as independent units, to which the society residents disagreed later. The builder approached the court so that the society members don’t object to 25 stilt spaces sold to buyers who weren’t society residents.

https://indiankanoon.org/doc/1359331/

Model building by-laws developed by the Ministry of Housing and Urban Affairs dictate that permissible ECS ( Equivalent Car Space) per 100 sq meter of floor area in residential premises is 2. This can be translated to 1 space per 3BHK and 2 per 4 BHK. Development Control Regulations of every state mandate that the builder provides parking space to buyers albeit parking provisions may vary state-wise.

http://mohua.gov.in/cms/model-acts.php

Various apartment acts (e.g. Maharashtra Ownership Flats Act,  Delhi Apartment Ownership Act) allow MC to constitute their own parking rules including a parking fee which is decided in the General Body meeting, varies from types of vehicles, and is to be mandatorily paid by members.

https://housing.maharashtra.gov.in/Sitemap/housing/housingactnrules.htm

Types of parking in apartments

Let’s check the types of parking generally available in residential complexes. Different types of parking which you can choose according to your parking lot construction:

1. Angle parking

When cars are parked at an angle, a technique used in open parking where spreads are manageable. The vehicles usually face the same direction (any one direction) and sliding in and out remains easy if all the vehicles are parked with rules and required spaces between all four sides are maintained. 

2. Perpendicular parking

This is a type of parking in which the vehicles are parked at a 90° angle and perpendicular to the curb up front, similar to angle parking. In this, the driver needs to ensure that the tires are facing straight ahead. This is a commonly used style in garages and parking bays and in apartment complexes with limited spots. 

3. Parallel parking

This is what you commonly see on the roads on the side of the curb where the driver parks between two cars, between the one in the front and one in the back.  This type is used when a residential complex has a long pathway with enough space to accommodate cars and bikes without obstructing the path.

4. Tower parking system

This is a fully automated car parking system in which come equipped with parking lifts for cars to move up and down to the designated spot. There must be a lift operator along with the entire set-up since this is used in large complexes in urban areas with narrow spaces. 

Role of RWA in parking rules in residential areas India

RWA (Residential Welfare Association) is the managing committee that is registered under the Societies Registration Act, 1860. This means that if you face a parking issue as a resident of a housing society, they are the ones who could come to your help. Since this association is such an important one, RERA ((Real Estate Regulatory Authority) Act emphasises on establishing an RWA within the first 90 days of when the flats are booked.

However, there are some important factors you would need to be aware of, before booking a complaint. You must know that:

• Any Shared/Common Space in the society belong to the apartment complex/housing society.
• Parking spaces are not owned by the RWA members or residents.
• The MC (RWA) or General Body could allocate parking slots to residents who’ve done their registration, since parking allocation comes under the jurisdiction of the housing society’s managing committee.
• Homeowners, their families and associate members could all be registered members.
• The parking spaces in your area are all numbered using the LOP (Lay-Out Plan) that the civic body has approved.
• If you have a sticker on your vehicle, provided to you by the managing committee of the RWA, you would be exempted from security checks when you enter/drive inside the society premises.

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