Flat Owners Eligible For Only 1 Parking Slot, Rules Bombay HC

In a landmark judgment, the Bombay High Court (HC) on September 17 ruled that flat owners in a housing society are not eligible for a second parking slot. Giving its order in a case involving Royal Manor Housing Society in Bandra, the court said vacant parking spaces could, however, be allotted to those seeking a second parking space. In such a case, the housing society could allot the space on a year-to-year basis by charging an additional cost, the HC has ruled.

“A perusal of bylaw indicates that a member having a motor vehicle will be eligible to have stilt or open parking space. No member shall normally be eligible for being allotted more than one stilt or open parking… the question of allotment of two parking spaces would arise only if any member of the housing society who has not been allotted even a single space and does not require such car parking space," the HC said. "In that event, the only manner in which additional parking can be allotted is by allotting it on a year-on-year basis," it added.

In 2011, the Supreme Court had ruled that developers cannot sell parking spaces independent units since they are part of the common facilities. All flat owners whose residences span 70 square metre are eligible to get a parking space.

Under Section 2(N) (III) of the Real Estate (Regulation & Development) Act, 2016, too, open parking areas fall under the definition of common areas. The law also lays that developers have to create parking slots according to the number of units in a project. A developer is also responsible for the upkeep of parking spaces till a residents’ welfare association is formed and takes over the maintenance work.