Picture this: It’s 8 PM on a weekday, and residents are returning home from work. The parking area becomes a scene of carefully orchestrated chaos as everyone seeks their designated spots. Now add electric vehicles into the mix, with their charging cables snaking across walkways, and suddenly what seemed like a simple parking allocation has become a complex puzzle requiring Solomon-like wisdom to solve.
This scenario isn’t uncommon in India’s burgeoning residential complexes. With 4.1 million cars sold annually but insufficient parking infrastructure to match, housing societies find themselves at the epicentre of disputes that go far beyond simple space allocation. The rapid adoption of electric vehicles has added another layer of complexity, transforming parking areas into potential battlegrounds where individual rights clash with collective concerns.
Understanding the legal landscape
1. The MOFA framework
Maharashtra has taken the lead with its Ownership Flats Act (MOFA), providing what’s arguably the most comprehensive framework for parking governance in India. Section 78 establishes the first-come, first-served principle for parking allocation, while Section 84 allows societies to implement annual parking fees decided through general body meetings.
The registration requirement under MOFA serves a practical purpose. Every vehicle must be registered with the RWA using RC book copies and application forms. This creates a paper trail that can prevent disputes about who’s entitled to park where. The single vehicle policy per member might seem restrictive, but it’s designed to ensure fair distribution of limited resources.
Other states are taking note. Tamil Nadu’s Apartment Ownership Act includes similar vehicle registration provisions, while Karnataka’s Apartment Ownership Act has provisions for parking allocation that mirror Maharashtra’s approach. Uttar Pradesh and West Bengal are currently revising their housing society regulations, borrowing heavily from Maharashtra’s successful framework.
2. RERA's game-changing stance across India
The Real Estate Regulatory Authority has fundamentally altered how we think about parking rights across the country. The 2011 Bombay High Court ruling, later upheld by the Supreme Court, established that parking spaces are common amenities, not individual property that builders can sell separately. This precedent has been applied consistently across India, with Delhi, Chennai, and Bangalore high courts referencing this ruling in similar disputes.
The ruling doesn’t retroactively change ownership patterns, but it does establish that parking management is a collective responsibility. The Ministry of Housing and Urban Affairs has codified this through specific requirements: two Equivalent Car Spaces (ECS) per 100 square meters of residential floor area, with variations based on apartment size.
3. Municipal regulations across the country
The Brihanmumbai Municipal Corporation’s requirement that societies reserve a minimum of 5% of parking spaces for visitors has become a model for other urban centers. Pune Municipal Corporation adopted similar guidelines in 2022, while Bengaluru’s BBMP is considering comparable regulations. Chennai Corporation has already implemented visitor parking mandates in new developments.
4. Karnataka's revolutionary EV charging framework
While most states have been grappling with EV charging disputes on a case-by-case basis, Karnataka has taken a proactive approach that’s already influencing policy discussions across India. The Karnataka Electricity Regulatory Commission (KERC) guidelines represent a paradigm shift in how we approach individual charging rights within collective housing structures.
The KERC directive addresses the fundamental question: Can individual flat owners install charging points, or must everything go through the RWA? The answer is refreshingly clear: individuals have the right to install charging points within their existing sanctioned load or enhance their load under existing tariff categories.
This isn’t a free-for-all, though. The guidelines require compliance with Central Electricity Authority (CEA) safety regulations, creating a framework where individual rights are protected while collective safety concerns are addressed. The provision allowing residents to extend wiring from their metering panels to charging points eliminates one of the most common RWA objections to individual charging installations.
Maharashtra’s electricity regulatory commission is studying Karnataka’s approach for potential adoption. Tamil Nadu has initiated consultations with stakeholders about developing similar guidelines. Delhi’s electricity board has formed a committee to examine how Karnataka’s framework might be adapted for the capital’s unique challenges.
Legitimate areas of RWA authority
RWAs across India have clear authority over common area management, and this extends to parking areas in meaningful ways. Whether you’re in Mumbai, Delhi, Bangalore, or Chennai, RWAs can enforce building safety codes, implement traffic regulations within the complex, and collect maintenance fees, including parking charges approved through proper procedures.
When it comes to electrical infrastructure, RWAs can assess building capacity and require compliance with safety standards. This isn’t about blocking progress; it’s about ensuring that individual actions don’t compromise collective safety. Fire suppression systems, ventilation requirements, and emergency access pathways are all legitimate areas of RWA oversight.
However, RWA authority isn’t unlimited, and courts across India have been consistent in establishing these boundaries. The Delhi High Court’s 2020 ruling on parking rights echoed earlier Maharashtra precedents, while the Madras High Court’s 2021 decision on EV charging restrictions followed similar principles. These cases establish that RWAs cannot arbitrarily revoke legitimate parking rights that were sold or allocated as part of apartment purchases.
Common dispute scenarios and their Resolution
Every housing society faces the challenge of residents who push boundaries, park additional vehicles, occupy visitor spaces, or block access routes. The solution isn’t always punitive action. Sometimes it’s about creating clearer policies and better enforcement mechanisms.
The annual review process for additional space requests serves an important function beyond just managing waiting lists. It creates regular opportunities to reassess space utilization and adjust policies based on changing needs.
The proliferation of multi-car households has forced many RWAs to develop second car policies that balance individual needs with collective resource constraints. Additional fees for second car parking are common, but their legality depends on the original purchase agreements and parking allocation terms.
Waiting lists for additional spaces can work well when managed transparently. The key is establishing clear criteria for allocation and communicating these consistently.
Navigating rights and restrictions for EV Charging
The three most common RWA objections to EV charging installations are safety concerns, electrical infrastructure limitations, and uniformity issues. Modern EV safety systems are sophisticated, with multiple failsafes and automatic shutdown mechanisms. The fire risk from properly installed EV charging equipment is actually lower than many common household appliances.
Electrical infrastructure concerns are more valid, particularly in older buildings. However, individual charging from personal meters typically doesn’t overload common electrical systems. Professional electrical load analysis can determine actual capacity and identify any necessary upgrades.
Many RWAs have opted for third-party charging solutions as a middle ground. These arrangements can address some concerns while creating new ones. Professional installation and maintenance are definite advantages, as are standardised safety protocols and centralised management.
However, residents often end up paying significantly more for third-party charging services compared to using their electrical connections. The convenience of centralised management comes at a cost, both financial and in terms of individual control over charging schedules.
Best practices for sustainable parking management
Effective parking management starts with comprehensive policy development. Written policies covering all parking scenarios, from daily parking to visitor management to EV charging, create clarity and reduce disputes. Regular legal review ensures compliance with evolving regulations and court precedents.
Stakeholder consultation before policy implementation isn’t just good governance, it’s practical dispute prevention. Residents who understand the reasoning behind policies are more likely to comply with them.
Residents who understand their rights and responsibilities are better equipped to navigate parking disputes constructively. Maintaining copies of purchase agreements and parking allocations provides documentation that can be crucial in disputes. Understanding relevant safety norms and building codes helps residents propose compliant solutions rather than simply opposing restrictions.
Constructive engagement through participation in RWA meetings and policy discussions is often more effective than confrontational approaches. Residents who work collaboratively with management committees tend to achieve better outcomes than those who simply oppose restrictions.
Emerging trends and future challenges
Smart parking systems are beginning to appear in premium residential complexes across India’s major cities. Bangalore’s tech corridor has been an early adopter, with several complexes implementing IoT-enabled parking management systems. Mumbai’s luxury developments are following suit, while Delhi’s premium societies are experimenting with app-based parking solutions.
As EV adoption accelerates across India, more states are preparing to follow Karnataka’s lead. Maharashtra’s electricity regulatory commission has formed a task force to study Karnataka’s guidelines, with draft regulations expected by late 2025. Tamil Nadu’s state electricity board is conducting stakeholder consultations that suggest even more resident-friendly guidelines might be in the pipeline.
The Ministry of Housing and Urban Affairs has indicated that future model building bylaws will include comprehensive EV charging provisions. This could accelerate adoption across states that have been hesitant to develop their frameworks.
The evolution of parking regulations and EV charging rights in Indian housing societies reflects broader changes in urban living, technology adoption, and community governance across the country. While disputes are inevitable in any system involving shared resources and individual rights, they can be managed effectively through clear policies, transparent governance, and collaborative problem-solving principles that remain constant whether you’re in Mumbai, Bangalore, Bhubaneswar, or any other city.
Success depends on comprehensive frameworks that address both current needs and future challenges, professional assessment of electrical and safety infrastructure, and building collaborative relationships between RWAs and residents. The goal isn’t to eliminate all disputes but to create systems that can resolve them fairly and efficiently.
