🏢 Introduction
Parking disputes are among the most common conflicts in Cooperative Housing Societies (CHS) across Mumbai, Thane, Navi Mumbai and Pune.
Typical questions include:
- Who owns stilt parking?
- Can society sell parking?
- Can builder sell parking separately?
- Can society charge parking rent?
- What if parking spaces are fewer than flats?
Parking rules in Maharashtra are governed by:
- Model CHS Bye Laws
- The Maharashtra Ownership Flats Act (MOFA)
- Landmark judgment of the Supreme Court of India
This article explains everything in simple language.
1️⃣ Who Owns Parking in a CHS?
As per Supreme Court rulings:
- Stilt parking spaces are part of common areas.
- Builder cannot sell stilt parking as separate unit.
- Parking belongs to the society after formation.
Important Case:
In Nahalchand Laloochand Pvt Ltd vs Panchali Cooperative Housing Society Ltd, the Supreme Court held that stilt parking is common property.
This means:
❌ Builder cannot charge extra for stilt parking ownership
❌ Individual flat owners do not “own” specific parking permanently
Parking is allotted, not sold.
2️⃣ Types of Parking in Housing Societies
A) Stilt Parking
Covered area at ground level.
B) Open Parking
Open common area within society compound.
C) Basement Parking
Underground parking area.
All are treated as common areas unless specifically approved otherwise.
3️⃣ How Is Parking Allotted in CHS?
As per bye laws:
- Parking is allotted by Managing Committee.
- Allotment must be fair and transparent.
- Preference to flat owners first.
- Tenants may get parking only if owner permits.
If parking spaces are fewer than flats:
- Lottery system is recommended.
- Rotation policy may be adopted annually.
4️⃣ Can Society Sell Parking Permanently?
No.
Society cannot:
❌ Sell parking space permanently
❌ Transfer parking ownership in share certificate
❌ Register parking as separate property
Parking allotment is license-based, not ownership-based.
5️⃣ Can Builder Sell Parking?
Under MOFA and Supreme Court rulings:
- Builder cannot sell stilt or open parking separately.
- If builder has charged extra, members can challenge legally.
Many Mumbai buyers paid ₹3–10 lakh for parking earlier.
Legally, such sale may not confer ownership rights.
6️⃣ Can Society Charge Parking Fees?
Yes, but:
- Charges must be reasonable.
- Should cover maintenance expenses.
- Cannot become profit-making tool.
- Must be approved in General Body.
Charging excessive rent can be challenged.
7️⃣ Can Society Deny Parking to a Member?
Society cannot deny parking if:
- Space is available.
- Member complies with rules.
However, society can refuse if:
- Member has no vehicle.
- Vehicle causes obstruction.
- Safety violation occurs.
- Member is defaulter (in limited cases, as per rules).
8️⃣ Visitor Parking Rules
Society can designate visitor parking.
Members cannot:
- Permanently occupy visitor parking.
- Rent visitor parking commercially.
9️⃣ Two Cars for One Flat – Allowed?
Depends on availability.
Priority order generally:
- One parking per flat
- Second parking if space remains
No member has automatic right to multiple spaces.
🔟 Parking During Redevelopment
In Mumbai redevelopment projects:
- New agreements specify parking entitlement.
- Additional parking may be monetized.
- Allocation often linked to flat size.
Members must ensure:
- Parking clause is clearly written.
- No discrimination between old and new members.
1️⃣1️⃣ Illegal Practices in Societies
Common disputes include:
- “Reserved” parking for committee members
- Permanent parking allotment without rotation
- Charging high transfer fees for parking
- Builder selling stilt parking illegally
- Discrimination against tenants
Such actions may violate bye laws.
1️⃣2️⃣ What If Parking Dispute Arises?
Steps:
- Submit written complaint to committee.
- Demand copy of parking allotment register.
- Raise issue in AGM.
- Approach Registrar of Cooperative Societies.
- File complaint before Cooperative Court if needed.
Documentation is key.
1️⃣3️⃣ Parking and Commercial Vehicles
Society can regulate:
- Large commercial vehicles
- Trucks
- Hazardous vehicles
If bye laws restrict heavy vehicles, society can deny permission.
1️⃣4️⃣ EV Charging in Parking
Emerging issue in Mumbai & Thane:
- Members can request EV charging point.
- Society cannot unreasonably deny.
- Installation must follow safety guidelines.
- Separate electricity meter recommended.
📊 Quick Summary Table
| Issue | Legal Position |
|---|---|
| Stilt Parking Ownership | Common area |
| Builder Sale of Parking | Not legally valid |
| Permanent Ownership | Not allowed |
| Parking Charges | Allowed, reasonable |
| Multiple Parking | Subject to availability |
| Rotation Policy | Recommended |
❓ Frequently Asked Questions
Can builder sell stilt parking?
No. Supreme Court has ruled it is common area.
Can society charge parking rent?
Yes, if reasonable and approved.
Can parking be transferred during resale?
Allotment may change; ownership cannot transfer.
Can tenant get parking?
Only if owner permits and space is available.
Is parking mentioned in share certificate?
No. Parking is not separate property.
🏁 Conclusion
Parking in Cooperative Housing Societies is a right of use, not ownership.
Supreme Court rulings and Maharashtra bye laws clearly state that:
- Parking is common property.
- Builder cannot sell it separately.
- Society must allocate fairly and transparently.
In high-density cities like Mumbai and Thane, parking disputes can escalate quickly — especially during redevelopment.
Understanding your rights under CHS parking rules can prevent unnecessary litigation and financial loss.
Disclaimer: This is not legal advice. Kindly consult a qualified lawyer or legal professional for advice specific to your situation.