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Home Cooperative Queries

Query of VKS Anand

Mr. I C Naik by Mr. I C Naik
August 16, 2016
in Cooperative Queries
0
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My son bought a 1 BHK flat in an under construction high rise building (14 storey) in ULWE,Navi Mumbai.  Builder is asking us to pay 2.5 lacs for open parking space or Rs. 3.0 lacs for covered parking in the building premises.

I understand sale of parking space is illegal. However, lot of ambiguities are existing and builders continue to sell parking lots.

in case we pay for parking lot and get it allotted, will it be held in sanctity once the Society is formed?

if we dont buy from the builder, will there be any slots left for Society to allocate? i.e. will the society reallocate lots on first come first served basis all afresh?

I C Naik

If all or a large majority (more than 75% )  flat purchasers agree and abide by the same, NOT TO PAY to builder for PARKING there is a scope. Builder is charging you  for spaces which belong to the Society. So prospective members to give an united fight.

Look at Bye Law No 78 of Model bye laws which will 99% become Bye Laws of this CHS when registered.

(a) The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under

  1. The allotment of Parking Space shall be made by the Committee on the basis of “First Come First Served”, for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.
  2. No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society

The buyers must unite and make sure that more than 3/4 number of parking slots remain unsold and become available to Committee to allott and regulate as per several other bye laws..

 

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