Parking allotment rules for housing societies in Maharashtra

Few things cause more quarrels in a housing society than parking. There are usually more cars than slots. Some buyers believe they “bought” a slot from the builder, and the committee is caught in the middle. The law here is clearer than most people think. Stilt and open parking belong to the common areas, the society allots them, and the general body sets the rules.

Can a builder sell stilt or open parking?

No. In Nahalchand Laloochand Pvt Ltd v Panchali Co-operative Housing Society (Supreme Court, 31 August 2010) the Court held that under the Maharashtra Ownership Flats Act (MOFA):

a stilt parking space is neither a “flat” nor a “garage”, because a garage needs a roof and walls on three sides (para 36);
it is part of the common areas and facilities (para 39);
the promoter cannot sell it separately. He may only recover its cost from all buyers in proportion to their carpet area.

The Bombay High Court has since read the ruling as covering open parking too. So a separate “sale” of a stilt or open slot by the builder does not make the buyer its owner. The money paid may be recoverable from the builder through a civil suit, a consumer commission or MahaRERA. It gives no right against the society.

Covered garages and RERA projects are different. A covered or enclosed garage identified in a registered agreement for sale may have to be recognised after the society checks it against the approved plans. The draft 2026 bye-laws reflect this distinction (dBL 77(b)–(d)). Take advice on such claims one by one.

Who allots parking: the 2014 bye-laws (BL 77–83)

Most societies are still registered on the 2014 model bye-laws. Their parking scheme is short:

BL 77: the general body frames and adopts parking rules. The committee allots slots on a first-come, first-served basis. Members have no right to sell or transfer an allotted slot.
BL 78: slots are numbered and marked.
BL 79: a member who has a vehicle is eligible, normally for one slot. An extra slot is given only year to year, and only while no member without a slot wants one.
BL 80: if eligible members outnumber slots, the committee allots every year by a fair and transparent process, as the general body’s regulations provide.
BL 81: applications go to the Secretary and follow the standard application procedure.
BL 82–83: charges (below) and the committee’s permission for two-wheelers and autorickshaws.

How the application is handled (BL 62)

BL 62 lists “allotment of parking spaces and stilts” among the applications that must be addressed to the Secretary. The procedure is:

The Secretary acknowledges every application.
Defects are pointed out within 15 days.
The application goes to the next committee meeting.
It is decided within 3 months, with reasons recorded in the minutes if it is rejected.
The decision is communicated within 15 days.

(BL 81 as printed refers to “bye-law No. 64”, which deals with charges. The application procedure is in BL 62.)

What the draft 2026 bye-laws change (dBL 76–82)

The draft 2026 bye-laws have a full chapter on parking: dBL 76–82 on allotment, and dBL 83 on EV chargers. These are draft only until the final bye-laws are notified and your society adopts them. The main changes:

The general body approves a written Parking Policy (dBL 76).
Open and stilt parking are common areas. Allotment gives only a right to use (dBL 76–77).
Parking is allotted to the flat, not the vehicle, with one slot per flat first. Extra slots are temporary or yearly (dBL 79).
The society asks only for the vehicle number, not the RC or insurance (dBL 79).
When applicants exceed slots, allotment is by draw of lots, rotation or another method the general body approves (dBL 79).
A Parking Register records each slot, its type, the allottee, the vehicle number and the waiting list (dBL 78).
A slot can be cancelled only on stated grounds, after a hearing and with written reasons. Re-allotment is from a chronological waiting list (dBL 82).

Parking charges

The general body fixes the rate. Under BL 82 a member pays for every slot allotted, whether or not the vehicle is actually parked there. Rule 106C-12, in force since 22 June 2026, lists car-parking charges as a head of charges at the rate the general body fixes. The draft bye-laws let the rate vary by slot type and for additional slots (dBL 80). Unpaid parking charges are society dues like any other.

Waiting lists and draws: doing it fairly

When there are fewer slots than cars:

Adopt written parking rules at the general body, covering eligibility, the number of slots per flat, the method and the period.
Invite applications on a date announced to all members.
Allot one slot per eligible flat or member first.
If applicants still exceed slots, hold a draw of lots at an open meeting or rotate yearly, as the rules say.
Record the draw by signed sheet or video, issue allotment letters and keep a numbered waiting list.
Re-allot vacated slots strictly from the waiting list.

Parking checklist

Parking rules adopted by general-body resolution.
Slots numbered and marked on a plan; fire-tender access kept clear.
Builder-era “allotments” listed and checked: stilt and open slots separated from covered garages.
Applications acknowledged and decided within the BL 62 timelines.
Draw or rotation recorded; allotment letters issued.
Parking register and waiting list maintained.
Charges at the general-body rate; billed per allotted slot.

What the law says

Supreme Court, Nahalchand Laloochand (2010), paras 36 and 39: stilt parking is a common area and cannot be sold by the promoter.
BL 62, 77–83 (2014): application procedure, parking rules, eligibility, annual fair allotment, charges and two-wheelers.
Rule 106C-12: car-parking charges at the general-body rate.
dBL 76–82 (draft 2026): parking policy, register, allotment to the flat, draw or rotation, hearing before cancellation. These are draft only.

Your society’s registered bye-laws and its general-body parking rules decide the details.

More parking questions are answered on the parking FAQ page.

Sources

General information, not legal advice. Your society's registered bye-laws may differ; for a dispute or a decision with legal or financial consequences, consult the Registrar's office, an advocate or a chartered accountant.