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Old 26th March 2007, 11:00   #1
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Parking laws in housing societies

Hi,
Does anyone know of a good reference for parking laws for housing societies in Mumbai ?

I have recently bought a property in a high rise housing complex in Vikhroli. When I bought the flat it was under construction and that should be complete in a few months. The parking space was open for sale almost 6-8 months after i completed the stamp duty and registration and by that time the rates had zoomed up a lot !!!. We have 6 wings and a total of more than 600 flats. The guy says that he has ample parking space constructed on stilt and under the podium, but is charging 1.75 L (black) for stilt parking space, which i didnt have at that time. Now in 3-4 months, the rates that he is quoting is 3.5L for stilt and 3L for podium, which is really exhorbitant considering that i dont even own a car (maybe in the next year or so). Now the irony is if I buy parking i wont have a car to park and if i buy a car, i wont have space to park the car !!!

I just want to know what kind of rules are applicable for open parking and whether he can legally stop my car from being parked in the open space (he is already planning sticker parking from the next month) Also, since the building is new, for the first two years, the builders are going to act as the housing society and will form the rules suitable for themselves.

Any reference/information would be of a lot of help.

- Kalpesh
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Old 27th March 2007, 13:26   #2
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Hi Kalpesh, read this
Open-air parking space becomes free
It wont solve your problem entirely...... may help if you tell the builder that you will complain to the state housing department. Your builder may already have them in his pocket, thats why i said it may not solve your problem entirely and thats why he is collecting the amount in cash.

if you ask me, it is better to have parking space where you live since you will certainly buy a car sooner or later. Buy stilt parking and rent it out to someone who hasnt purchased a parking slot - until your own car arrives. Car parking is getting to be more expensive - as time goes by it will be even more expensive, better to bite the bullet now.
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Old 19th January 2012, 20:01   #3
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Re: Parking laws in housing societies

Bumping a old thread..

I have a question regarding society parking.Inspite of what the law says builders some how manage to fleece buyers into parking charges while purchasing a flat.My question is , will a society "rent" out a parking space to someone who has not managed to buy/secure a parking slot incase of availability of parking space?

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Old 19th January 2012, 20:58   #4
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Re: Parking laws in housing societies

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Originally Posted by sumeethaldankar View Post
Bumping a old thread..

I have a question regarding society parking.Inspite of what the law says builders some how manage to fleece buyers into parking charges while purchasing a flat.My question is , will a society "rent" out a parking space to someone who has not managed to buy/secure a parking slot incase of availability of parking space?

thanks
In my apartment there are a few open parkings and they come under the purview of the Society. Whenever someone needs them, they are rented out at a cost of 2K per month. This helps pump in money for maintainence of the society as well as gives ppl who buy more cars than they have the parking for.
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Old 19th January 2012, 21:46   #5
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Re: Parking laws in housing societies

As per a Supreme Court on a dispute regarding car parking in Mumbai, builders are not allowed to sell car parking slots. All car parking slots are to be under the control of the Society once it is formed. However, AFAIK, no directive has been issued by the State Govt to this effect. No builder has stopped selling car parking. Moreover, the Court judgement itself will not help restitute all those buyers who have paid builders in the past since the Court judgement is not just in case of present and future sales, but also past.

By not buying car parking, you will only end up suffering because all other slots will be bought by other residents anyway.
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Old 19th January 2012, 22:10   #6
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Re: Parking laws in housing societies

if you can't beat them, join them . Yes, it would make sense to buy it now. Society will only rent it if it's available, and will do it at current market rate.
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Old 19th January 2012, 22:44   #7
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Re: Parking laws in housing societies

These days, even renting or flat resale is dependent upon parking available. If it's available, go for it. You will not regret it later - one way or the other.
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Old 20th January 2012, 07:57   #8
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Re: Parking laws in housing societies

Although there is a SC ruling that builders cannot sell the parking, they do it since there is no state legislation for the same. Till the time the conveyance for the land happens in the name of the society, the society cannot even rent the parking areas. I have known many societies to charges parking fees from owners having open parking slots alloted to them by builder which is wrong again. As per the munipal laws the town development dept before sanctioning the commencement certificate for construction to the builder has to ensure that the builder has earmarked spaces for parking - one parking space per flat. This never ever happens coz on the under the table dealings.
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Old 20th January 2012, 13:04   #9
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Re: Parking laws in housing societies

Kalpesh,

There is an office of the Registrar of Societies in Fort. Its in the same building as the restaurant "Jimmy Boy" which is in a bylane off Horniman Circle.
They sell a rule book there which pertains to Co-operative Housing Society rules which should be approx Rs. 50/-.
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Old 9th May 2013, 10:35   #10
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Re: Parking laws in housing societies

Quote:
Originally Posted by kalpeshc View Post
Hi,
Does anyone know of a good reference for parking laws for housing societies in Mumbai ?

I have recently bought a property in a high rise housing complex in Vikhroli. When I bought the flat it was under construction and that should be complete in a few months. The parking space was open for sale almost 6-8 months after i completed the stamp duty and registration and by that time the rates had zoomed up a lot !!!. We have 6 wings and a total of more than 600 flats. The guy says that he has ample parking space constructed on stilt and under the podium, but is charging 1.75 L (black) for stilt parking space, which i didnt have at that time. Now in 3-4 months, the rates that he is quoting is 3.5L for stilt and 3L for podium, which is really exhorbitant considering that i dont even own a car (maybe in the next year or so). Now the irony is if I buy parking i wont have a car to park and if i buy a car, i wont have space to park the car !!!

I just want to know what kind of rules are applicable for open parking and whether he can legally stop my car from being parked in the open space (he is already planning sticker parking from the next month) Also, since the building is new, for the first two years, the builders are going to act as the housing society and will form the rules suitable for themselves.

Any reference/information would be of a lot of help.

- Kalpesh
Hi,wanted to know what you finally did about the parking issue.

Thanks.
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Old 9th May 2013, 10:46   #11
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Re: Parking laws in housing societies

I did not have any choice in the matter. I HAD to purchase the parking slot from the builder by paying an exorbitant amount (at least for me). Currently ALL my parking slot (except 3) are marked as 'allocated' to the residents who have purchased them. The remaining 3 slots are open for bidding at an even higher price by the housing society for renting for a year. Currently the society has not implemented any parking restrictions but is planning to do it soon. Not sure what happens then.
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Old 25th October 2013, 10:46   #12
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Re: Parking laws in housing societies

There are some possible future pressure points in our apartment complex with regard to parking, though none at present. As secretary of the complex, I am musing about bringing in some regulation; through consensus, of course. I would like to know whether any such precedent exists. The society is not a registered one though.

There are sixteen apartments. But there is parking space for eight cars. May be another two, if they are squeezed in to passages. Two wheeler parking is clearly demarcated and can accommodate 18 of them. The complex is located bang on a main road, with two busy bank branches just opposite. So parking on the road is not an option. All parking areas are common areas, do not belong to any particular apartment.

Fortunately all sixteen apartments do not possess cars; just about 6 - 7 of them at any point of time, so that has not been a problem so far. But two wheelers and bicycles are aplenty. Some families own three/four of them. Some are in disuse, but still occupy space; people keep them for sentimental reasons. Combined with visitors' bikes, sometimes it creates problems. In addition, I am requested to accommodate visitor's cars as well, and I generally oblige if there is a vacant space, especially at night time. But some people come and demand it as a right, and that annoys me. They do this despite the rule displayed that outsiders vehicles are not allowed inside the complex.

I am musing if I can collect some kind of parking fee from car and two wheeler owners (I own both) for regular parking, as they take up the common areas. May be Rs 500.00 for a car, Rs 100.00 per two wheeler. The amount will be progressively higher for second, third vehicles. Temporary parking for visitor's vehicles will be Rs 50.00 per day for cars, Rs 20.00 per day for two wheelers. Is it being done anywhere? What will be the problems / pitfalls?

I would appreciate inputs!

Last edited by Gansan : 25th October 2013 at 10:50.
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Old 31st October 2013, 10:14   #13
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Re: Parking laws in housing societies

Quote:
Originally Posted by Gansan View Post
There are some possible future pressure points in our apartment complex with regard to parking, though none at present. As secretary of the complex, I am musing about bringing in some regulation; through consensus, of course. I would like to know whether any such precedent exists. The society is not a registered one though.

There are sixteen apartments. But there is parking space for eight cars. May be another two, if they are squeezed in to passages. Two wheeler parking is clearly demarcated and can accommodate 18 of them. The complex is located bang on a main road, with two busy bank branches just opposite. So parking on the road is not an option. All parking areas are common areas, do not belong to any particular apartment.

Fortunately all sixteen apartments do not possess cars; just about 6 - 7 of them at any point of time, so that has not been a problem so far. But two wheelers and bicycles are aplenty. Some families own three/four of them. Some are in disuse, but still occupy space; people keep them for sentimental reasons. Combined with visitors' bikes, sometimes it creates problems. In addition, I am requested to accommodate visitor's cars as well, and I generally oblige if there is a vacant space, especially at night time. But some people come and demand it as a right, and that annoys me. They do this despite the rule displayed that outsiders vehicles are not allowed inside the complex.

I am musing if I can collect some kind of parking fee from car and two wheeler owners (I own both) for regular parking, as they take up the common areas. May be Rs 500.00 for a car, Rs 100.00 per two wheeler. The amount will be progressively higher for second, third vehicles. Temporary parking for visitor's vehicles will be Rs 50.00 per day for cars, Rs 20.00 per day for two wheelers. Is it being done anywhere? What will be the problems / pitfalls?

I would appreciate inputs!
Your Society is not registered - that means you are still being administered by the builder?

Normally, for registered societies, the bye-laws are very clear about parking, and the rules leave very little to imagination.

Briefly, the model bye-laws allow the Managing Committee discretion to allot parking slots based on stipulated criteria - e.g. only for owners who stay in the building (not tenants), none for visitors, re-allocation by rota, etc.

Similarly, it is the Society's discretion - decision through AGM and Managing Committee - to levy any parking charges.

Levying parking charges may not get you far since ultimately you will have to find long-terms solutions to park all vehicles since pressure will keep mounting as more and more members buy cars.

Therefore, the measures I would take are:

1. Deny parking to tenants, let only owners resident in the Society be allowed to park their cars

2. Segregate car and bike parking

3. Refuse to allow outsiders & visitors to come inside the premises (in my Society, anyone doing so will be first warned and after that tyres are deflated, so no one ever tries it)

4. Refuse to allow second & third cars till first car is allowed to all owner-residents

5. Allow some night-parking-only slots

6. Look at creating more space in long-term
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Old 31st October 2013, 11:36   #14
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Re: Parking laws in housing societies

Quote:
Originally Posted by Gansan View Post
Some are in disuse, but still occupy space; people keep them for sentimental reasons. Combined with visitors' bikes, sometimes it creates problems.

In addition, I am requested to accommodate visitor's cars as well, and I generally oblige if there is a vacant space, especially at night time. But some people come and demand it as a right, and that annoys me. They do this despite the rule displayed that outsiders vehicles are not allowed inside the complex.

I am musing if I can collect some kind of parking fee from car and two wheeler owners (I own both) for regular parking, as they take up the common areas. May be Rs 500.00 for a car, Rs 100.00 per two wheeler. The amount will be progressively higher for second, third vehicles. Temporary parking for visitor's vehicles will be Rs 50.00 per day for cars, Rs 20.00 per day for two wheelers. Is it being done anywhere? What will be the problems / pitfalls?

I would appreciate inputs!
Is there some space within the complex where unused 2 wheelers can be moved? Need not be easily accessible but will free up space for other people to park.

You can also explore if unused 4 wheeler space can be used up by 2 wheelers if it makes sense in terms of freeing up more space .

Regarding collection of parking charges, I only hope the residents are sensible and receptive on this. Even if 1 resident declines, it is unfair on other paying residents.

Unfortunately there is no singular best solution for such problems (we are facing vehicles > parking spaces problem in our society as well) and it is only residents and their decency that will allow a good solution.
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Old 23rd April 2015, 13:56   #15
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Re: Power of 1+1: Tata GenX Nano pre-launch exchange programme for existing Nano owners

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For tight parking spots, Nano is THE car. I had just mentioned this on this thread. I don't have a dedicated parking for my Nano. I park my Figo and Nano in the same spot (as a T). If the parking spot can accomodate a sedan, it can probably accomodate a hatch and a Nano.
Well! very interesting that .
An important question in my mind which i want to ask on the forum.
In the above arrangment , how much parking charges do you end up paying to your society ? for 2 cars or for 1 car only ?
If for 1 car only then that itself is also a saving since in mumbai in my building we are paying around Rs700 per car .
I have 1 enclosed parking. which barely accomodates my Manza .
My household needs another car but there are 2 problems stopping us :
1)permission from the society for 2nd car park (since 1 flat = 1 car park only) &
2)Additonal Rs 700 for the 2nd Car park even if i somehow manage to convince the society to allow my 2nd car (i am the joint secratary)

The idea might be to sell off the manza and then get a Punto tjet + a Nano putting in some extra dope in form of EMIs

Edit :And ofcourse, i love the Nano.

Last edited by madhu33 : 23rd April 2015 at 13:58.
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