Question 1

How should visitors' parking be run — who may use it, for how long, and can the society charge visitors?

Accepted Answer

Visitor bays are for visitors, not for members' second cars, unless the parking policy says otherwise. The general body's parking policy should fix time limits, overnight rules and any charge; guards enforce it uniformly. A modest charge for long or overnight visitor parking is possible if the general body approves it. The draft 2026 bye-laws say visitor spaces "shall be used exclusively for visitors and shall not be occupied by Members on a permanent or regular basis except in accordance with the Parking Policy" (dBL 81(e)) and list visitor parking among the matters the policy must cover (dBL 76(b)). Under the 2014 bye-laws the general body's parking rules (BL 77(a)) and the bar on members using common spaces for themselves (BL 168(a)) do the same work. A workable policy: marked visitor bays; entry logged with vehicle number and host flat; a time limit (for example 4 hours by day) and overnight parking only with the host's request; tradespeople's vans limited to loading time; a tenant's car is a resident's car, not a visitor's. Any charge must be approved by the general body (Rule 106C-12(1)(m)), receipted and accounted. Vehicle numbers in the gate log are personal data — keep them only for the retention period.

Question 2

Can the society allow double parking, where one car blocks another and keys are left with the guard?

Accepted Answer

Only as a managed arrangement in the parking policy, and never where it blocks fire-tender access, exits, ramps or essential rooms. Leaving keys with guards creates liability questions; if the society allows it, it needs written consent, a key register and clear rules on who moves cars. The draft 2026 bye-laws forbid parking that obstructs other vehicles or pedestrians, entrances, exits, internal roads, fire-tender access, fire equipment, electrical, transformer or pump rooms, staircases or lift lobbies (dBL 81(c)); demarcation itself must keep these clear (dBL 78(b)). Tandem or double parking between two consenting flats — typically a stack or tandem slot allotted to both — can be written into the policy (dBL 76(b)). Informal double parking that blocks a neighbour is a breach: the committee may, after notice where practicable, remove the vehicle at the owner's risk and cost, and without notice in an emergency (dBL 81(h)). Under the 2014 bye-laws the general-body parking rules (BL 77) and the penalty procedure (BL 164) apply. If guards hold keys, record each handover, have the owner sign a consent that the society is not liable for ordinary handling, and restrict key access to named staff.

Question 3

A car has been lying unused and dusty in the compound for a year, and the owner ignores requests. What can the society do?

Accepted Answer

If it occupies the member's own allotted slot and is not a hazard, the member pays the parking charge and the society can do little beyond asking. If it blocks common space, visitor bays or access, or leaks fuel, follow notice, hearing and penalty; the draft bye-laws allow removal at the owner's cost after notice. A vehicle whose owner is unknown should be reported to the police. A member pays for his allotted slot whether he uses it or not (BL 82). The draft bye-laws require parked vehicles to be roadworthy and not leak fuel or oil or cause nuisance or danger (dBL 81(f)), let the society issue reasonable directions (81(g)) and remove a vehicle parked in contravention after reasonable notice, at the member's risk and cost (81(h)); repeated breach can lead to cancellation of the allotment after a hearing (dBL 82(b)-(c)). Using a slot as long-term storage for a non-running vehicle may be argued as a use "inconsistent with its use as a parking space" (dBL 81(b)) — arguable, not settled. Steps: photograph and date; written notice to the member; show cause; hearing; decision in the minutes. Do not scrap or sell a vehicle — that needs the owner's consent or a court or police process.

Question 4

Can a member park a taxi, tempo, school van or truck in the society's parking?

Accepted Answer

The bye-laws do not ban commercial vehicles as such; the parking policy decides. Under the 2014 bye-laws an autorickshaw needs the committee's prior permission. Vehicles too large for the slot, or those that block access, run engines early or are used for business inside the compound, can be restricted by the policy. BL 79 (2014) makes a member "having a vehicle" eligible, including one provided by his employer or firm, and BL 83 requires prior committee permission and the general-body charge for scooters, motorcycles and autorickshaws. The draft 2026 bye-laws allot parking to the flat "only for parking of motor vehicles" (dBL 81(a)), forbid "any commercial, industrial or other purpose inconsistent with its use as a parking space" (81(b)) — which targets business activity in the slot, such as repairs, loading or selling — and forbid obstruction (81(c)). A parking policy may reasonably fix vehicle-size limits per slot type, bar heavy goods vehicles on structural or access grounds (podium load limits, ramp height), and charge a different rate by slot type (dBL 80(b)). What it should not do is refuse a slot to a member only because his car carries a yellow (commercial) number plate, if it fits the slot and is used like any other car.

Question 5

Do two-wheelers need a separate slot and permission, and can the society charge for each scooter?

Accepted Answer

Under the 2014 bye-laws a member must get the committee's prior permission to park a scooter or motorcycle in the compound and pay the charge the general body fixes. A car slot allotted to a flat can usually also hold the flat's two-wheeler if it fits without spilling over, subject to the policy. BL 83 (2014): every member having a scooter, motorcycle or autorickshaw must obtain the committee's prior permission and pay the charges fixed by the general body. The 2014 definition of "parking slot" covers a slot for a single four-wheeler or two-wheeler (BL 3). The draft 2026 bye-laws do not repeat BL 83; they leave classification, charges and use to the general-body Parking Policy, with different rates allowed by type of space (dBL 76(b), 80(b)) and allotment to the flat rather than the vehicle (dBL 79(b)). A fair policy marks a two-wheeler zone, charges per two-wheeler a modest rate, allows a flat's two-wheeler inside its own car slot where space permits, and bans parking on ramps, in front of meter rooms and on footpaths.

Question 6

Can I install a private EV charger at my parking slot, and does it need the general body's approval?

Accepted Answer

Under the draft 2026 bye-laws, yes, and no general-body approval is needed: on a complete application the society must issue its NOC within the time the Government sets, and may refuse only for non-compliance with law, safety standards or the bye-laws. You bear all costs and must use a licensed electrical contractor. Under the 2014 bye-laws there is no specific rule, so the committee decides on safety grounds. The Bombay High Court, in a petition by a member whose society refused a charger in his garage in 2022, directed the authorities to finalise conditions for EV charging in co-operative societies and allowed the Commissioner to direct societies to amend their bye-laws (Amit Dholakia, 14 Jan 2025, para 14). The draft 2026 bye-laws follow: every member may install a private charger at the slot lawfully allotted or available to him (dBL 83(a)); no general-body approval (83(b)); the application gives the slot, equipment, load and supply details, cabling layout and a safety undertaking (83(c); draft Form 28); all costs — load augmentation, dedicated meter, cabling, installation, electricity, maintenance, removal — are the member's (83(d)); work only by a licensed electrical contractor with approved equipment (83(e)); no obstruction, structural harm or hazard (83(f)); and the committee may not impose conditions more restrictive than law or Government directions (83(l)). In a 2014-regime society, apply in writing with the same particulars; a refusal should give reasons you can take to the Deputy Registrar.

Question 7

How is electricity for my EV charger paid for — can I draw it from the society's common meter?

Accepted Answer

Not free of cost. The draft 2026 bye-laws put the electricity consumption of a private charger on the member, normally through a dedicated meter in the member's name or a sub-meter billed by the society. Drawing power from the common meter without metering shifts your cost to all members and should not be allowed. dBL 83(d) (draft 2026) makes the member bear load augmentation, the dedicated meter, cabling and "electricity consumption"; the application must state the source of supply (83(c)). Common electricity is part of service charges shared equally by all flats (Rule 106C-12(2)(k), (4) item 1), so unmetered charging from the common supply would make other members subsidise one member's car. Options in practice: (1) a separate connection from the distribution company in the member's name; (2) a sub-meter on the society's supply with monthly reading and billing at actual cost, approved by the general body; (3) a common charging station with user charges (parking-309). Keep the meter readings and bills in the EV records (kept five years under dBL 138(e)(ii)). The society may inspect after notice and disconnect an unsafe installation by a reasoned order (dBL 83(g)-(h)).

Question 8

The committee is sitting on my EV charger application for months or refuses without reasons. What can I do?

Accepted Answer

Put the application on record with all the particulars and ask in writing for a decision. Under the draft 2026 bye-laws the society must issue the NOC within the Government's time limit and may refuse only for non-compliance with law, safety standards or the bye-laws. If there is no decision or an unreasoned refusal, complain to the Deputy Registrar and cite the Bombay High Court's 2025 directions. dBL 83(b) (draft) requires the NOC to be issued on a complete application "within the period prescribed by the Government" and not withheld except for non-compliance; 83(l) bars conditions more restrictive than law or Government directions. The 2014 bye-laws require applications to be disposed of within set time limits and rejections to carry reasons (BL 62-65 procedure). Steps: (1) submit the application with the draft Form 28 details — slot, equipment, load, cabling layout, contractor's licence, undertaking; (2) if the office says it is incomplete, ask what is missing in writing; (3) escalate by complaint (BL 171-172; dBL 184-186); (4) approach the Deputy Registrar, who can issue directions, or file a s.91 dispute. In Amit Dholakia (Bom HC, 2025) the Court directed the State and Registrar to finalise and circulate conditions for EV charging in societies (para 14). Genuine safety objections — no spare load, fire concerns in a basement — should be met with an engineer's report rather than argument.

Question 9

Can the society set up common EV charging points, and how are the costs shared?

Accepted Answer

Yes, with general-body approval. The draft 2026 bye-laws let the society establish common EV charging infrastructure and recover electricity, user and maintenance charges. Fairest is that users pay by consumption, so members without EVs do not subsidise charging; any capital cost from common funds needs a general-body decision. dBL 83(i) (draft) allows common EV charging infrastructure "for the benefit of Members" with recovery of electricity, user and maintenance charges; dBL 169(b) and 183(b)-(d) list EV charging among green measures that need general-body approval, structural and safety compliance, and a general-body decision on cost recovery and operation. Spending on new works must also respect the committee's annual spending limits under the 2026 Rules (106C-13; above the limit the general body must approve). Practical model: a shared-use charger in a visitor or common area; RFID or app-based billing at a rate covering power plus maintenance; booking rules to avoid hogging; fire-safety review for basements; EV records kept five years (dBL 138(e)(ii)). Income from charging is society income; GST and tax treatment should be checked with the chartered accountant.

Question 10

Can residents charge electric scooters or e-bikes in corridors, staircases or the parking area using extension cords from their flats?

Accepted Answer

No. Trailing cords from flats and charging batteries in passages, staircases or lobbies obstruct escape routes and are a fire risk. The society can forbid it and should offer a safe alternative — a designated, ventilated charging point with proper sockets and protection, away from exits. The draft 2026 bye-laws forbid anyone to obstruct passages, staircases, lobbies, refuge areas or fire exits or to tamper with common electrical installations (dBL 166(a)(iv)-(v), 174(b)(iii)-(iv)); obstruction of fire exits is a Category II (serious) violation (dBL 177(a)(iv)). Storing inflammable or hazardous substances in parking spaces is prohibited (dBL 81(b)), and under the 2014 bye-laws storing combustible goods needs permission (BL 47) and common passages cannot be occupied (BL 168(a)). Lithium-ion batteries in scooters can catch fire while charging. A general-body EV policy can set up a two-wheeler charging bay with individual sockets, earth-leakage protection and metering (dBL 83(i)), and ban charging elsewhere. Guards should report — not unplug by force — except where an immediate hazard exists and the committee has authorised action.

Question 11

Can the parking policy reserve a slot near the lift or entrance for a member with a disability or a seriously ill senior?

Accepted Answer

Yes. Giving priority to a member or resident with a disability is a fair, non-discriminatory reason in a parking policy, and national accessibility standards expect accessible parking near entrances. The general body should write the priority into the policy, with a simple proof requirement and a review when needs change. Both bye-law regimes leave allotment method to the general body: "fair and transparent" allotment (BL 80, 2014) and a policy that is "fair, transparent, equitable and non-discriminatory" (dBL 76(c), draft 2026), with draw of lots, rotation or "any other method approved by the General Body" (dBL 79(g)). A reasonable accommodation for a person with a disability fits that standard. The Rights of Persons with Disabilities Act 2016 and the Government's harmonised accessibility guidelines expect accessible parking close to entrances in buildings; how far those bind an existing private society is not settled, but they support a priority rule. Suggested policy: priority slot for a resident holding a disability certificate (UDID) or a medical certificate of serious mobility impairment; the member still pays the normal charge; the priority lapses if the need ends; a swap with another member's slot by consent is recorded in the Parking Register (dBL 78(iii)).

Question 12

The car I park is registered in my employer's, my parent's or my tenant's name, not mine. Can the society refuse me a slot?

Accepted Answer

No. The 2014 bye-laws already allow a vehicle provided by the member's employer, firm or company. The draft 2026 bye-laws go further: parking is allotted to the flat, and the vehicle may belong to or be used by the member, family, tenant, licensee or anyone lawfully occupying the flat. You only give the vehicle number. BL 79 (2014): a member having a vehicle is eligible; "the vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director". A car in a parent's or spouse's name used by the household is usually accepted by the same logic, though the 2014 text does not say so. Draft 2026: parking is allotted to the flat, not a particular vehicle (dBL 79(b)); the vehicle "need not be registered in the name of the Member" and may belong to or be used by joint, associate or provisional members, family, tenant, licensee, caretaker or any lawful occupant (dBL 79(e)); the member intimates the registration number (79(f)). Update the number whenever the car changes so the Parking Register and gate records stay correct.

Question 13

Can the society demand my car's RC book, insurance policy or PUC certificate before allotting or renewing a slot?

Accepted Answer

Under the draft 2026 bye-laws, ordinarily no: the member gives the vehicle number, and the society should not insist on the registration certificate, insurance or ownership papers unless the law requires it or a specific complaint or dispute needs it. Under the 2014 bye-laws the parking rules may ask for proof that the member "has a vehicle", which a number and a copy of the RC usually settle. dBL 79(f) (draft): the member intimates the registration number "in writing or by electronic means"; the society "shall not ordinarily insist upon the Registration Certificate, insurance policy or ownership document of the vehicle, unless required by law or for resolving a specific complaint or dispute". This fits data-minimisation duties under the DPDP Act from 13 May 2027. BL 79 (2014) makes eligibility depend on having a vehicle, so a society may ask for reasonable proof once at allotment — a copy of the RC or the employer's letter — and should not collect insurance or PUC papers, which are matters for traffic police. Keep any copies in the parking file, not with guards, and delete them with the parking records after five years (dBL 138(e)(ii)).

Question 14

We want parking stickers, RFID tags and number-plate cameras at the gate. What must the society take care of?

Accepted Answer

These are fine tools, but vehicle numbers linked to flats and camera images are personal data. Collect only what is needed, tell residents what is collected and why, restrict access, and keep the data only as long as the retention policy allows. Costs of tags are a general-body decision. The draft 2026 bye-laws let the society issue reasonable directions on parking, safety and security (dBL 81(g), 173(b)(vii)) and keep a Parking Register with vehicle numbers (dBL 78(iii)); parking and operational records are kept five years (dBL 138(e)(ii)). The Digital Personal Data Protection Act 2023 and Rules 2025 make the society a data fiduciary for resident, tenant, visitor and vehicle data, with notice, purpose limitation, security safeguards, breach reporting and retention limits applying from 13 May 2027; the Rules require access logs to be kept at least a year. For number-plate cameras: display a notice at the gate; limit viewing to named persons; do not share footage on WhatsApp groups; give footage to police only on a written request. Stickers should show a slot or tag number, not the flat owner's name and phone.

Question 15

Can the society stop car washing in the parking area or regulate car cleaners who come daily?

Accepted Answer

Yes, within reason. The society can ban hose-pipe washing that wastes water or floods parking, fix cleaners' timings and entry, and require bucket or dry cleaning. It should not create a monopoly by forcing members to use one cleaner without a general-body decision and a transparent contract. The draft 2026 bye-laws treat water wastage as a Category I violation (dBL 175(a)(viii)) and let the society regulate parking discipline, housekeeping and water conservation (dBL 173(b)(vii), (ix)). The use of the common water supply for washing is paid for by all members through service or water charges, so a policy against hose washing is reasonable. Daily car cleaners are outside workers: the gate can register them, fix hours and require them to follow society rules (dBL 173(d)); child labour is prohibited (dBL 165). Whether members may choose their own cleaner is a private matter; if the society appoints an agency for all, that is a contract needing the committee's procurement rules and, if it binds members to pay, a general-body decision.

Question 16

My car was damaged in the society parking — by a falling object, a tree branch, a water leak or careless staff. Is the society liable?

Accepted Answer

Only if the damage was caused by the society's negligence — for example a known dangerous tree or a long-reported leak left unrepaired, or a guard moving the car carelessly. Otherwise claim on your own motor insurance, or from the person responsible (such as the flat from which an object fell). Parking charges do not make the society an insurer of your car. Parking allotment confers only a right to use the space (dBL 76(e), 80(e)); nothing in the bye-laws makes the society a bailee or insurer of vehicles. The draft bye-laws make the person causing damage liable for it (dBL 81(i), 166(b), 180(a)) and require the society to act promptly on unsafe conditions it knows of (dBL 164(d), 174(c)); failure to do so after complaints can support a negligence claim. For EV chargers the draft expressly limits the society's liability to its own negligence (dBL 83(j)). Steps: photograph the damage and the cause; write to the society the same day; get your insurer's surveyor; ask the society to notify its insurer if its property caused the damage (society property insurance and any public-liability cover); for disputes, the Co-operative Court under s.91 or a civil court decides.

Question 17

Our building has stack (mechanical) parking. Who pays for its maintenance and breakdowns, and who operates it?

Accepted Answer

Stack parkers are common equipment used by particular flats, so the general body should decide how their maintenance contract and repairs are charged — commonly to the flats allotted stack slots, through a separate parking charge for that slot type. Operation should be by trained staff or users under written safety rules. The draft 2026 bye-laws recognise stack/mechanical parking as a type of space (dBL 77(a)), list it among policy matters (dBL 76(b)), allow slot-specific rates (dBL 80(b)), and — in RERA projects — recognise mechanical slots specifically identified in a registered agreement after verification (dBL 77(c)). The 2026 Rules apportion car-parking charges "at the rate fixed by the general body" (Rule 106C-12(4) item 5), which lets the general body load the annual maintenance contract onto stack-slot users; structural repairs to the podium or pit remain a common cost. Safety: an annual maintenance contract with a competent vendor, periodic safety checks, written operating instructions displayed at the unit, no children operating it, and a log of breakdowns. A breakdown that traps cars should be handled by the vendor, not guards improvising.

Question 18

Our basement parking floods every monsoon. What must the society do, and who bears the loss?

Accepted Answer

The society must maintain drainage, sump pumps and waterproofing of the common parking, warn residents when flooding is expected and keep a monsoon plan. Loss to cars is normally claimed on members' own insurance; the society may be liable only if it neglected known, reported defects. Common areas including basements and parking are society property (BL 3 "common areas and facilities"), and the committee must keep common services and safety installations working and act on unsafe conditions (dBL 164, 174(c)). The draft requires an emergency and disaster-preparedness scheme covering flood risks and evacuation (dBL 162) and lets the committee take urgent protective measures. A practical monsoon plan: pre-monsoon pump servicing and drain cleaning; a standby pump or generator; water-level alarm; a WhatsApp or SMS alert asking members to move cars; keeping the ramp and exits clear; photographs and a log of each event. Repairs to structural waterproofing are funded from the repair or major-repair funds. For losses, see parking-316: negligence decides society liability.

Question 19

Can members park along the internal driveway or near the gate when their slot is taken, as long as it is "just for the night"?

Accepted Answer

Not where it narrows the fire-tender path, blocks exits, hydrants, transformer or pump rooms, or the gate. Fire access has to be clear at all times, including at night. Parking outside marked slots is allowed only where the parking policy designates such spaces. The draft 2026 bye-laws require demarcation that keeps access roads, entries and exits, fire-tender movement, emergency exits and service rooms clear (dBL 78(b)), forbid parking that blocks them (dBL 81(c)), and allow the committee to remove an obstructing vehicle — without notice in an emergency (dBL 81(h)). Obstruction of fire exits or emergency access is a serious violation (dBL 177(a)(iv)). Under the 2014 bye-laws common areas cannot be occupied by a member for his own use (BL 168(a)), and parking must follow the general-body rules (BL 77). The committee should mark "no parking" zones on the fire path with the fire consultant's advice, give guards a written instruction and a phone tree to reach owners, and record every incident. Fire-audit findings on blocked access should be closed quickly.

Question 20

Our society has shops on the ground floor. Can shop customers and shop owners use the society's parking?

Accepted Answer

Shop owners who are members are eligible for parking on the same footing as flat members under the parking policy. Customers are visitors: the policy can confine them to visitor bays with time limits, or keep them out of the internal compound altogether if space is short. What the builder promised the shops matters only if it is in registered documents. Under the 2014 bye-laws a "flat" includes a shop, showroom, office or clinic (BL 3), so shop members are members with the same parking eligibility (BL 79). The draft 2026 bye-laws make every member holding a flat/unit eligible (dBL 79(a)) and let the general-body policy classify spaces and set visitor rules (dBL 76(b), 81(e)); allotment must be non-discriminatory (dBL 76(c)). A policy may reasonably separate residential and commercial access for security — for example, shop customers park only in front-set-back bays and may not enter the residential gate. Parking areas that the sanctioned plan earmarks for the commercial portion, or slots attached to shops under registered agreements in RERA projects, must be verified and respected (dBL 77(c)-(d)). Loading and unloading for shops should have fixed hours.

Question 21

Can the society charge more for a second car, or charge a tenant's car more than an owner's car?

Accepted Answer

A higher rate for a second or additional slot is expressly allowed in the draft 2026 bye-laws and is common under the 2014 bye-laws. A higher rate only because the car belongs to a tenant has no basis: the slot is allotted to the flat and billed to the member, and tenant-only surcharges breach equal treatment. The general body fixes parking charges (BL 82-83, 2014; Rule 106C-12(4) item 5, 2026). The draft 2026 bye-laws allow rates to vary by nature, type, location or size of the space and let the general body prescribe different charges for additional slots (dBL 80(b), (d)); additional slots are temporary or yearly and can be suspended for non-payment after a hearing (dBL 79(d), 80(g)). By contrast, the vehicle in the flat's slot may be the tenant's (dBL 79(e)); the only extra levy connected with letting is the non-occupancy charge, capped at 10 % of service charges (Rule 106C-12(4) item 8). A tenant surcharge on parking would be an indirect non-occupancy charge above the cap and would conflict with dBL 132(s).

Question 22

A member has converted his garage or enclosed his stilt slot into a store room or office. Is that allowed?

Accepted Answer

No, not without the society's written permission and the planning authority's approval. Enclosing or changing the use of a parking space is a breach under both bye-law regimes; under the 2014 bye-laws it can attract five times the monthly maintenance for each month, and the draft treats it as a serious violation requiring restoration. Stilt and open slots are common areas (dBL 77(b)); no member may alter, enclose or change the use of a parking space without the society's written permission and the competent authority's approval (dBL 78(d), 81(d)), or use it for storage or commercial purposes (dBL 81(b)). Unauthorised enclosure, change of user and exclusive use of common areas are Category II violations (dBL 177(a)(ii), (vi), (vii)), handled by inspection, notice to restore, reporting to the authority, restoration at the member's cost and a penalty after hearing (dBL 178-179). Under the 2014 bye-laws, occupying parking space for one's own use and changing its use attract five times the monthly maintenance per month (BL 168(a)). A garage lawfully sold as a separate unit is different: its use is still governed by the sanctioned plan (see parking-006). Unauthorised construction can also be reported to the municipal authority.

Question 23

When I sell my flat, does my parking slot pass to the buyer?

Accepted Answer

A slot allotted by the society ends when the flat is transferred; the buyer applies afresh under the parking policy. Only a slot lawfully attached to the flat under registered documents and recognised by the society (for example a covered slot in a RERA agreement) goes with the flat. You cannot sell an allotted slot as part of the deal. Under the 2014 bye-laws a member has no right to sell or transfer an allotted slot (BL 77(b)), and allotment follows the general-body rules and a first-come, first-served list (BL 77, 79-81). The draft 2026 bye-laws allot to the flat, but "eligibility for parking shall cease upon transfer of the flat/unit or cessation of membership", and the allotment "shall automatically stand cancelled", unless the right is lawfully attached to the flat under registered documents and recognised (dBL 79(viii), 82(d)). The freed slot is re-allotted from the waiting list (dBL 82(e)-(f)). Many societies in practice let the buyer take over the seller's slot where no one is waiting; that should be done by a recorded committee decision under the policy, not by private agreement. Pending parking dues are payable before transfer (dBL 82(h)).

Question 24

What changes for parking between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The 2014 bye-laws allot slots to members who have vehicles, first come first served, with annual allotment when slots are short. The 2026 Rules only say parking charges are at the general body's rate. The draft 2026 bye-laws rebuild the chapter: a general-body Parking Policy, allotment to the flat not the vehicle, a Parking Register and waiting list, cancellation only after a hearing, removal of obstructing vehicles, and a member's right to install an EV charger. 2014 (mh-2014-flat-owner, BL 77-83): general body adopts parking rules; committee allots first come, first served; no sale or transfer; numbering and demarcation; eligibility for a member having a vehicle (own or employer's); one slot normally, extras year to year; annual fair allotment when oversubscribed; GB-fixed charges payable whether used or not; two-wheelers and autorickshaws with permission; common areas cannot be occupied privately (BL 168(a)). No Parking Register. 2026 Rules (mh-2026-rules): car-parking charges a permitted head at the GB rate (Rule 106C-12(1)(e), (4) item 5). Draft 2026 (mh-2026-draft, dBL 76-83): policy covering classification, visitor parking, stack parking and emergency access; open and stilt slots are common areas, RERA-identified covered slots recognised after verification; register; allotment to the flat; vehicle need not be the member's; no RC/insurance demands; draw of lots or rotation; charges by slot type; use rules; removal of obstructing vehicles; five cancellation grounds after hearing; waiting list; private EV chargers without GB approval; parking and EV records kept five years (dBL 138).

Question 25

Can I keep things in my parking slot, put a chain or shutter around it, or park regularly in the visitor bays?

Accepted Answer

Under the draft 2026 bye-laws, no to all three without permission. A slot is only for parking vehicles, not for storing goods, scrap, cylinders or furniture. No chains, barriers, shutters or cabinets may be installed without the society's written permission and any authority's approval. Visitor bays are for visitors, not for members' regular parking unless the parking policy allows it. dBL 81 (draft 2026) regulates use of parking spaces: - (i) use the allotted slot only for motor vehicles, as the parking policy allows; - (ii) no storage of goods, construction material, scrap, furniture, cylinders or hazardous substances, and
  no commercial use;
- (iii) no parking that blocks other vehicles, entrances, internal roads, fire-tender access, fire
  equipment, electrical or pump rooms, staircases or lift lobbies;
- (iv) no enclosure, structure, shutter, chain, bollard or cabinet without the society's prior written
  permission and the competent authority's approval where needed;
- (v) visitor spaces are for visitors, and not for members on a permanent or regular basis except as the
  parking policy allows;
- (vi) vehicles must be roadworthy and not leak fuel or oil; - (vii) members must follow the society's reasonable directions. The 2014 bye-laws say that common areas, including parking spaces, cannot be occupied by a member for his own use (BL 168(a)). Encroachment attracts five times the monthly maintenance for the period. The society's remedy is notice, a hearing and a penalty (BL 164). Repeated breach is a ground to cancel an allotment after a hearing (dBL 82(ii)-(iii)). Clamping or towing is a separate question (see security_gate-008).

Question 26

The builder "sold" me a stilt (or open) parking slot for a separate price. Do I own it?

Accepted Answer

No. Under MOFA a builder cannot sell stilt or open parking as a separate unit; it is part of the common areas that pass to the society. The Supreme Court decided this in Nahalchand Laloochand v Panchali CHS (2010). The society allots such slots to members under its parking rules. In Nahalchand Laloochand (2010) the Supreme Court held that a stilt parking space is neither a "flat" nor a "garage" under MOFA (a garage needs a roof and walls on three sides, para 36), that it forms part of the "common areas and facilities", and that the promoter cannot sell it — he may only recover its cost from all purchasers in proportion to carpet area (para 39). The Bombay High Court later summarised the ruling as rejecting the promoter's claim to sell stilt or open parking under general property law (Unity Mall Premises CHS, 2023, para 56). Once the society is formed, these spaces are managed by it; the 2014 bye-laws say members have no right to sell or transfer an allotted slot (BL 77(b)), and the draft 2026 bye-laws treat open and stilt parking as common areas, not independent saleable units (dBL 77(b)). What a buyer who paid separately can do: the payment may be recoverable from the builder (civil suit, consumer commission, or MahaRERA for RERA projects); it does not give a right against the society. Covered garages and RERA-era "covered parking" are treated differently (parking-008).

Question 27

Before the society was formed, the builder gave some buyers letters allotting particular parking slots. Is the society bound by those letters?

Accepted Answer

Not automatically, for stilt and open slots: these are common areas that the builder could not sell, and the society allots them under its bye-laws and general-body parking rules. A covered garage or parking space expressly sold under a registered agreement in a RERA project may have to be recognised after verification. The point has not been squarely decided in a judgment we have opened. Because the promoter cannot sell stilt or open parking (Nahalchand, SC 2010), his letter "allotting" such a slot conveys nothing the society must honour; the 2014 bye-laws put allotment in the hands of the committee under general-body rules, first come first served (BL 77-80). In Royal Manor CHS v Angana Bharali Das (2018) the developer had allotted stilt and open slots before the society was formed; the Bombay High Court noted the argument that there was no record of the society having accepted those allotments by resolution (para 18), but decided the case only on interim relief — it refused to order the society to create an extra slot for members when all 24 slots were already allotted (paras 51-52). Many societies adopt the builder's allotments by general-body resolution for peace; that is a policy choice, and once adopted the allotments are the society's own. The draft 2026 bye-laws introduce a nuance: the society "shall not ignore" a slot lawfully attached to a flat under a registered agreement for sale, but such claims are verified and rejected if contrary to law (dBL 77(c)-(d)); a builder's letter, receipt or past practice alone gives no permanent right (dBL 77(e)). Committee steps: list every claimed slot with its document; separate stilt/open from covered garages; take advice on any registered-agreement claims; then adopt a parking policy at the general body and allot under it with minutes and a Parking Register.

Question 28

We have fewer parking slots than cars. How should the committee allot them fairly?

Accepted Answer

Adopt written parking rules at the general body, then allot one slot per eligible member first; extra slots only year to year and only if no member without a slot wants one. When eligible members exceed slots, allot annually by a fair, transparent method approved by the general body — draw of lots or rotation are common. 2014 bye-laws: the general body frames parking rules (BL 77(a)); the committee allots first come, first served (77(b)); slots are numbered and demarcated (78); a member with a vehicle (own, or provided by his employer, firm or company) is eligible, normally for one slot; extra slots only year to year while no slot-less member needs one (79); if eligible members exceed slots, the committee allots "on annual basis by fair and transparent process" in line with general-body regulations (80); applications to the Secretary (81). Courts are slow to disturb a completed allotment by interim orders: in Royal Manor CHS (2018) the Bombay High Court set aside an interim order that forced the society to create an extra slot when all slots were already allotted. The draft 2026 bye-laws add: allotment to the flat rather than the vehicle; one per flat first; oversubscription by draw of lots, rotation or another approved method; a Parking Register with a chronological waiting list; cancellation only after a hearing and written reasons; and clear fire-tender access (dBL 78-82) — draft only. Keep evidence: the general-body resolution adopting the rules, the draw record (video or signed sheet), the allotment letters and the register.

Question 29

Can I rent out or sell my allotted parking slot to another member or an outsider?

Accepted Answer

No. An allotted slot is a right to use given by the society; the member cannot sell, transfer or let it. If you do not need it, surrender it to the society so it can be re-allotted. BL 77(b) (2014) says members have no right to sell or transfer the slot allotted by the society, and BL 77(c) bars using more slots than allotted. The draft 2026 bye-laws say no parking space may be sold, transferred, assigned, enclosed or used independently of the flat (except where the law recognises such a right under registered documents), and that allotment creates no ownership, tenancy or easement (dBL 76(d)-(e)); surrender and re-allotment from the waiting list are provided for (dBL 82). A member's licensee may use the flat's slot where the parking policy allows (tenants_leave_licence-006).

Question 30

Who decides parking charges, and must I pay them even if I do not park every day?

Accepted Answer

The general body fixes the rate. A member pays for every slot allotted to him, whether or not he actually parks there. Two-wheelers and autorickshaws need the committee's permission and pay the rate the general body fixes. BL 82 (2014): every member pays parking charges for the slots allotted "irrespective of the fact whether he actually parks his vehicle or not", at the general-body rate; BL 83: scooters, motorcycles and autorickshaws need the committee's prior permission and pay the fixed charge. Rule 106C-12 (2026) lists car-parking charges as a head, apportioned "at the rate fixed by the general body" (106C-12(4), item 5). The draft 2026 bye-laws allow different rates by slot type and for additional slots (dBL 80). Parking charges are part of the society's income and GST questions arise only above the exemption threshold (see tax_gst).

Question 31

Someone bought only a garage (or a basement/parking area) from the builder. Can he become a member of the society?

Accepted Answer

It depends on whether what he bought is a "flat" in law. A mere parking slot or basement area that is not shown as a self-contained unit in the sanctioned plan does not qualify. A garage that is a separate unit and that the society's registered bye-laws treat as a flat may qualify. The Registrar and courts look at the sanctioned plan and the bye-laws. Membership rests on holding a flat or unit (Rule 106C-4(b) requires the registered agreement or other title document for the flat). In Simla House CHS v Yayati Ramesh Vairale (2026) the Bombay High Court upheld membership for a garage holder because the society's own bye-laws defined "flat" to include garages, and held that Nahalchand's reading of "flat" for MOFA sale purposes does not decide membership eligibility under the MCS Act (para 20). In Feb 2026 the Court was reported (Amanul Ekramul Ansari v Talbiyah Paradise CHS) to have upheld refusal of membership to a buyer of a basement and parking space not shown as a self-contained unit in the sanctioned plan — that judgment was not opened here. For committees: decide such applications on the sanctioned plan, the title document and the registered bye-laws, with reasons in the minutes (BL 62(f)).

Question 32

Can the committee take back a member's parking slot or re-allot all slots every year?

Accepted Answer

Only as the general-body parking rules provide. Under the 2014 bye-laws, allotment in an oversubscribed society is annual, and extra slots are year to year, so periodic re-allotment is allowed if the rules say so. Cancelling a particular member's slot should follow the rules, with notice, a hearing and written reasons. BL 79-80 (2014) make additional slots year-to-year and require annual allotment by a fair and transparent process when eligible members exceed slots; this supports rotation or annual draws if the general body so resolves. Taking back a slot from one member (for non-payment of parking charges, misuse, selling the car) is not spelt out in the 2014 text; the draft 2026 bye-laws list grounds for cancellation and require a hearing and written reasons, with re-allotment from a chronological waiting list (dBL 82). A member aggrieved by an allotment decision may complain to the Deputy Registrar or file a s.91 dispute.

Question 33

In our newer RERA project, my agreement for sale gives me a specific covered parking slot. Is that valid against the society?

Accepted Answer

Yes for a garage — a space with a roof and walls on three sides — sold under a registered agreement in a RERA project and consistent with the sanctioned plans: RERA lets the promoter sell garages. Open parking is a common area under RERA and cannot be sold. A stilt or podium slot that is only roofed is not a "garage" in RERA's definition, so an agreement "selling" it is open to challenge. The society should verify the documents before recognising any claim. Nahalchand (SC 2010) turned on MOFA and stilt parking. For RERA projects, the Real Estate (Regulation and Development) Act 2016 lists "open parking areas" among the common areas (s.2(n)(iii)) and defines a "garage" as "a place within a project having a roof and walls on three sides for parking any vehicle", excluding unenclosed or uncovered spaces such as open parking areas (s.2(y)). The promoter must disclose the number and areas of garages for sale (s.4(2)(i)) and publish the garages booked (s.11(1)(c)). So a garage can be sold; open parking cannot; a "covered" slot in a stilt or podium without walls fits neither definition cleanly, and whether it can be sold separately is disputed. The draft 2026 bye-laws say covered spaces, garages or mechanical slots specifically identified in a registered agreement "may be recognised" after checking them against the approved plans, OC and conveyance, and a lawfully attached slot must not be ignored, while open and stilt slots remain common areas (dBL 77(b)-(d)). Disputes with the builder over parking in a RERA project go to MahaRERA; disputes with the society go to the Deputy Registrar or the Co-operative Court.

Parkingवाहनतळ