Builder has no right to sell parking space

All your issues regarding housing societies your neighbour creating unnecessary trouble in society decisions, or your problems with the secretary answered byu00a0our expert.

We purchased a stilt parking from a builder after a society was formed. Before buying it we had approached the society for the same but it did not give any response. Now it finds it illegal asking us to pay the fine as it was purchased from the builder.

The building does not have a conveyance as yet. The builder also sold a penthouse in the same building along with a stilt parking to some other person, but the society has no objection to it. They why they treat my stilt parking as illegal? J Sequeira

The sale of parking space by builder particularly stilt parking is a controversial issue. In fact, the builder has no right to sell open parking space, as it is not a separate and self-contained set of premises. A builder can sell only a flat, which can be used as a shop, nursing home, residential unit or a garage.
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In fact, none of the provisions of Maharashtra Ownership Flats (MOF) Act permits the builder to sell car-parking space or stilt. The clause no 2 of the model byelaws, a part and parcel of MOF Act, is very clear.

The strange thing is the model byelaws of the co-operative societies recognises the rights of the parking space purchaser. What has been the act of the society in other case cannot be a reason for you to claim the said space as a matter of right.
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As you have been using the parking space the ad interim injunction application as and when filed by the society would be in your favour.

Can any office-bearer of a registered housing society become a committee member or an office-bearer of any other unregistered society or chawl, which comes under the PMGP-MHADA? Can any member within the committee raise an objection to the same? What are the rules and regulations? Mahesh Pawar

A member can be an office-bearer of any number of cooperative housing societies. This is with the presumption that there is no conflict of interest as regards to the acts of the various societies of which he is an office-bearer.

However, if one wants to be a member of PMGP/MHADA he has to give an undertaking that he does not own any property in the area of operation of the city where he is applying for the same. Only thereafter he is eligible to be a member of societies like PMGP/MHADA.

The minutes of the first constituted meeting of our society has been divided into two parts. The first part contains the normal agenda and has been submitted to the registrar of the cooperative societies. The second part contains queries raised by members like BMC approvals, amenity space, right of way, etc.
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The representative of the builder said this is the normal procedure otherwise the registrar will ask unnecessary questions. Is this action legal? Does it amount to furnishing incomplete information to the registrar Subramanian R

When a society calls the first constituted meeting, the minutes of the said meeting cannot be divided into two parts. The advice that it is a standard practice not to send the queries raised by the members at the meeting to the registrar is incorrect.
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The society members have right to raise their concerns at the general body meetings. It forms part of the minutes and copy of the same must be given not only to the registrar, but also to all the members of the society.

(Having regards to the complexities of the facts, parties should recheck the advice with their lawyers. The paper or the persons giving the information are in no way liable for the answers given to the readers.)