Everything homebuyers and society members must know about stilt, open, and puzzle parking allotments under Maharashtra Model Bye-Laws and Supreme Court rulings.
Overview & Statutory Analysis
The Supreme Court Ruling on Car Parking Spaces
One of the most persistent developer malpractices in Mumbai is charging ₹5 Lakh to ₹20 Lakh for parking spaces under separate letterheads.
In Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society, the Supreme Court ruled that a builder has no right to sell parking spaces in stilts or open areas. Such spaces form part of common areas and amenities, which belong collectively to the registered society.
Allotment Framework Under Model Bye-Laws 78 to 85<
Allotment Framework Under Model Bye-Laws 78 to 85
Maharashtra Co-operative Housing Societies Model Bye-Laws govern how parking is allotted:
• Rule of 'One Member, One Car': Every member owning a vehicle is entitled to one parking space on first-come, first-served or lottery basis before any member receives a second slot.
• Non-Transferability: Parking slots cannot be sold, rented, or leased to third-party non-members.
• Puzzle / Mechanical Stacks: Maintenance costs of automated multi-level puzzle parking must be shared transparently as determined by the General Body.
EV Charging Infrastructure in Housing Societies<
EV Charging Infrastructure in Housing Societies
Under the Maharashtra Electric Vehicle Policy 2021, housing societies cannot unreasonably deny an owner permission to install a dedicated EV charging sub-meter in their allotted parking slot, provided the installation complies with electrical safety codes.
Frequently Asked Questions (Parking Rules)<
Frequently Asked Questions (Parking Rules)
Q: What if the developer included a covered parking slot in my registered RERA agreement?
A: Under Section 2(n) and Section 3 of RERA, covered garages with permanent walls and roof can be sold if clearly declared in RERA disclosures. Open or open-stilt parking cannot.
Q: Can the society management charge commercial parking fees to tenants?
A: Society bye-laws permit nominal additional parking charges for tenants, but discriminatory or exorbitant parking levies have been repeatedly struck down by Co-operative Courts.
