Stilt car parking versus open car parking: 

How does open car parking differs than the stilt car parking in a co-operative society

OPEN CAR PARKING

Open Car Parking space in a co-operative society is the space which is open from top, meaning is not covered by a ceiling. It is not having a roof on top. It is not equivalent to stilt car parking.

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STILT CAR PARKING

Stilt Car Parking space in a co-operative society is the space which is not open from top, meaning thereby that it is under the stilt or the building constructed for the flats. It is having a ceiling. It is having a roof on its top. It is not equivalent to Open Car parking space.

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CHARGING BY SOCIETY FOR STILT CAR PARKING ONLY

General Meeting of the Society HAVE the right to charge from those members who wish to park their vehicles under the stilt, on first come first served basis only and on daily basis  or monthly basis only. Such a resolve has to be passed by a general meeting of the society, in case the stilt parking in a co-operative has not been allotted by the Society by taking prefixed amount during construction of the Society. A proper notice has to be served on all the members of the Society and the parking will be on First Come First Served Basis. Seeing more demand, parking charges may be enhanced by the General Meeting.

The charges have to be uniform in the sense, even if a member parks 2 or 4 cars in different slots, the charges will be per slot only and not on the basis of number of cars parked by a member. Any member can park any number of Cars. The society can impose the condition that the Car should be owned by the member or his family member living in the Society and be used for personal conveyance and not for commercial purposes. The parking charges can not be on the basis of make of a car i.e. can not be different rate for Maruti 800, Tata indigo and INNOVA etc.

DIFFERENT CHARGES FOR OPEN CAR PARKING AND DIFFERENT FOR STILT CAR PARKING:

The General Meeting may decide to impose more charges on those who wish to park in the space under the stilt, because of better protection from the Sun and rain, dust and other environment. This is only in case a separate space has been earmarked by the Co-operative Society wherein the members can park their any number of cars on a rate fixed per car basis only. It may be on daily or weekly or monthly basis.

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 NO MONTHLY OR DAILY CHARGES CAN BE IMPOSED ON RESERVED CAR PARKING SPACE

 Reserved Car Parking Space is that space, for which the Co-operative Society, during or after the Construction have invited all the members to opt for Reserved Car Parking Space by paying a specified amount; on first come first served basis. On receipt of the specified amount the Society allots the particular space to particular member.

If the Society has collected lump sum charges from few members for the space under the stilt then such space is exempt from any charges if the allottee member parks 1 or 2 cars or 2 wheeler, within the allotted space under the stilt.This is called Reserved Car Space of the members.

There are 2 basic reason for it:

(1) While fixing the price to the members (it is an offer by the Society to take stilt parking) and mostly it shown in the map / diagram or shown at the construction site. It is essential here to specify the measurement of the space of this parking. But if no measurement is given by the Society while making this offer, it means the Society has made visible space as offer. It means the space within the pillars under the stilt has been offered. If no measurement is given, it is also the offer that the number of vehicles, whether it is car or bi-cycle or 2 cars or 1 big car like limusine could be parked is the choice of the member (allottee). The offer of the Society is similar to making a offer to allot the flat, where, how many number of persons will live in it, are not specified, the space measurement is shown or made visible.

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(2) While member pays the lump sum specified by the society, it becomes acceptance of offer of the society and thereby a complete contract between the Society and the allottee.

The above practice is illegal. A co-operative Group Housing Society in East Delhi had started charging from October, 2012 and at present One resident of the Society filed a case against the Society and its main office bearers. The Society in its next meeting in September 2013 have reduced the charges to almost 50% w.e.f. 01.10.2013.

The result is with just one hearing of the case. In our opinion, the society has to refund all the amounts collected illegally and in a calendestine manner from the members, along with interest.

In spite of above mentioned differing views of various members of the societies, we wish to inform the latest orders of Arbitrator, Tribunal & judgment of the High Court of Delhi for your latest information.

Arbitrator on Car Parking charges issues Judgment 04.03.2014

Delhi Co-operative Tribunal’s order on car parking issues DCT Order 20.4.15

Delhi High Court judgment on car parking charges issues Anup Mittal vs Kanungo CGHS Ltd

NOTE: Mr. Anup Mittal has informed that he want to file an SLP before the Supreme Court of India

IN CASE OF ANY QUERY LEAVE A REPLY BELOW:

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44 Comments

  • Lachman Das Gupta says:

    Does the Reserved Car Parking allottee have equal right in Common Parking

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  • JS Bajaj says:

    Do every member has the right to park their vehicle in open car parking are as well as in the car parking area under the stilt ?

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  • ashok bhalla says:

    Sir, as told i am posting my questions for advise here. Ours society is registered under DCS Act,2003/DCS Rules,2007. It has one seven-storey multi complex of 28 flats raised on pillars with stilt car parking space while other four-storey complexes of 256 flats do not have stilt car parking space. The residents of these four-storey complexes flats and some residents of the seven-storey multi complex flats who could not get car parking space under stilt car parking area/space are parking their vehiles in the open space outside alongside the roads in the society. The society do not have any common parking area/space for parking of the vehicles. The Managing Commmittee of the society has recently marked car parking blocks per flat in the open along side the roads. The Managing Committee had issued a circular in December, 2012 on car parking poliicy for the residents of the society. As per that circular 1st car was made free of parking charges and a Parking fee of Rs.300/- per month for 2nd car, Rs.500/- per month for 3rd car and Rs.1000/- per month for more than three cars was levied by the Managing Committee without approval of the general body. The residents of the seven-storey complex flats are parking their vehicles under stilt car parking area/space without payment of any parking fee for their 1st car. When some residents objected in writing to this arbitrary decision of the Managing Committee, it ( M.C.) got this approved in general body meeting held in January, 2013. As resolved in the general body meeting the funds so collected will be utilized on marking of car blocks and general maintenance by the society. The residents who are owning two or more cars have not been provided any alternative space for parking of their vehicles or services in lieu of car parking charged from them. The M.C. is not providing any safety measures to the residents in lieu of car parking fee in case the residents park their vehicles outside the society. It appears that the M.C. has imposed car parking fee as a measure of deterrent to the residents who are owning two or more cars. The residents of the ground floors flats who have encroached common space and constructed unauthorised building blocks thereby restricting space which could have been available to the residents for parking of the vehicles and thus encroaching common rights of other residents, too have got one car block for their 1st car free of parking charges. My questions are: 1. Is it legally right for the M.C. to charge car parking fee from the residents owning two or more cars without providing them any alternative car parking space or services to them? 2. Is it permissible under the rules to spend funds so collected on general maintenance? 3. Is it permissible under the rules to charge car parking fee for parking of the vehicles in the open space along side the roads, as there is no common parking area/space available in the society? 4. Is it not discriminatory for not charging any car parking fee from the residents who are parking their vehicles under the stilt car parking space whereas other residents are parking their vehicles in the open space? 5. It it not discriminatory to charge car parking fee for 2nd, 3rd or more cars without providing any alternative car parking space or services in lieu of car parking fee?

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  • ashok bhalla says:

    Nothing is mentioned in the bye-laws of the society about car parking policy and use of stilt parking space in the multy-storey complex or rights of the flats owners over the use of stilt parking space in the multi-storey complex. No lump sum amount has been charged for parking vehicles under the stilt from the flat owners of this multi-storey complex.

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  • ashok bhalla says:

    Nothing is mentioned in the society bye-laws over the rights of use of stilt car parking space by the flat owners of that multi-storey complex and car parking policy in the open space.

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  • ashok bhalla says:

    Can the society charge parking fee for 2nd car, 3rd or more without providing any alternative space or area for parking of the vehicles in the society premises or rendering any services to the members owning two or more cars in lieu of car parking fee as per DCS Rules, 2007?

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  • Vicky says:

    Unauthorised construction such as, Temple if done by some persons, then what to do and society will only be party or all the members and occupants of the society or only the members.

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  • ashok bhalla says:

    Who can refer the case to Disputes Settlement Trust-member or resident member/POA holder? Does it provide a free legal service?

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  • Vicky says:

    Respected Sir, can after the tempering and mutilation of society documents by the President make any type of criminal liability or not

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  • Vicky says:

    Respected Sir, The Tempering of Minutes Book was happened in front of all other Executive Members and we are also in a position to prove it before court of law too. We have informed the Registrar also pertaining to the same.

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  • Sanjay Srivastava says:

    Can the GBM of a cooperative housing service society put any amount (read unreasonable) as extra for the servants who are residing with family just to restrict such practice? Can a member ask for the calculation for arriving at the figure?

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  • Dany says:

    I m having a Parking Allotment from Builder, I was using the same (Parking my car) for last 6 Years. My Flat No: is already been labeled 5 years back. Now 3 months back one of the Society member came and told that the builder had allotted the same Parking Number to him also. How can Builder Can allot the same parking space to 2 people. Now builder is not in the picture. So please help me to sort this issue

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  • Dany says:

    In Navi Mumbai

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  • Prashant Koyande says:

    a) if member who was allotted car parking in co-operative society sells his car , what is time period should be allowed to buy new car? b) if member who was allotted car parking in co-operative society rents out his flat , what is happened to his car park ?

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  • Prashant Koyande says:

    I am talking about stilt parking. How can this be vacant when their are other members in queue for long time. how can member decide and society cannot? why temporary alternative and not permanent

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  • Vinod nair says:

    I have purchased a flat in a registered coop society. The previous owner has letter stating that a Car park has been allocated to him. In the interim period when the sale was taking place the said parking was allocated on a temporary basis to another member. This member is now stating that he will not move stating some Supreme Court ruling on open parking. The committee members who had earlier said that parking would be cleared and handed over to me in 15 days are also citing some rules pertaining to open car park validity in a resale transaction. I have paid a decent amount of money to acquire the flat in the explicit understanding that car park is available with the flat. Would appreciate guidance on how to go about this. Thanks

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  • ramesh jangid says:

    can society charge excess parking charge for tenants and for state maharashtra owners who do not stay in society but parking and for owners. in our society at vasai state maharashtra 100 rs are parked for tenants and and for owners it is 50 rs and for owners who donot stay but park is also 100 rs. sir if park outside stilt parking and is owner of flat and society has not earmarked any space then too they are applying parking charges i.e. rs 100. in addition to this 2000 rs extra is being charged for damaging society for renting space. please reply for the same.

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  • mayur says:

    Hello sir, i am living in maharastra,thane,mira road ,i have taken stilt parking from builder on my name by paying 2lakh on black ammount. He has given steath parking letter allocating letter on my name. But i dont have any vehicle yet. And i have applied metal chain and lock to my parking.and remaining almost every one applied chain lock on there respected stilt parking. now society has given the notice that those who dont have vehicle they have to remove there chains and allow open parking vehicles to use that parking freely…by using sentence as “this is required to organise parking space at society compound and better utilization of parking space”………. so my questions are as below: 1) is it a legal action taken by society? 2)does society have rights to take rights of stealth parking allocated by builder t my name when i dont have vehicle? 3)is there any rights/law by which i can keep my owneship on my stealth parking in absence of my vehicle?

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  • mayur says:

    Respected sir, Thank you for your kindly suggetion. i have no issue with taking paid stealth parking from builder… but i have problem with society with queries as:- 1) is it a legal action taken by society? 2)does society have rights to take rights of stealth parking allocated by builder to my name when i dont have vehicle? 3)is there any rights/law by which i can keep my owneship on my stealth parking in absence of my vehicle?.. ,

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  • can flat owner whohas purchased flat with open parking may sell flat witout parking if he purchase flat in same society with parking

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  • Dhanshri says:

    our society is charging for open space parking. Is this legal

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  • thanks for valuabel advice one more question can chs allow two parking to one member as per by law or dc rules can chs issue noc to sale with no parking to member gaurang parekh

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  • T.PADMINI says:

    we bought 3BHK aparments in Tamilnadu with covered car parking in the stilt by paying Rs.2,00,000.Apartment is having 23 towers.our flat is in tower no.5 & got car parking allotment in tower no.8.Builder allotted car parking size is 3900 mm width x 3620mm length and our car size is 1700 x 4440 mm long.other flat owners(who bought flat after us)got car parking allotment in their respective tower.we made many ample request to the builder to allocate sufficient / appropriate car parking in our tower,but the builder didn’t responded.we request your valuable suggestion and guidelines to resolve this problem.some of our friends told us,to refer to engineer’s forum(CMDA)or consumer’s forum to resolve this issue.please advice us suitably.

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  • Melvon says:

    I live in a residents association and one member wants to cover his stilth parking on all sides by putting shutters. Is this legal?

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  • Ashwin says:

    Hello I am planning to get a flat in Bangalore and the below clause is mentioned in my agreement “One Open Car Parking slot at stilt floor of the ‘Block A3’/Basement or ground floor or in Multi level car parking Complex”…Does that mean it is reserved for me already?

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  • Iceman says:

    Hello, I stay in a co-operative society in ghaziabad as tenant. Recently my society sold open parking space. I have a couple of concerns over here.
    1) Is selling of open parking space legal ?
    2) i have 2 cars. One car I park in a slot “bought” by my landlord and other I park in a slot of some other house which doesn’t have a car as of now after due agreement from the tenants of that house. Now the society secretary is harassing me to also take the consent of the landlord of that house. I find it harassing as the parking space is for rent along with house so the tenant should should be able to say on this for the duration of his stay. What would be the legal position on this ?
    3) my society secretary uses multiple parking spaces that too right under his house whereas other slots are spread far from houses. Is this fair ? How are the parking lots to be distributed ?
    4) with reference to pt 2 above can the society charge any money for open parking as a monthly charge for my second car ? If they do , is there any way I can ensure that I am not the only one being harassed by them.

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  • Dear sir,
    i am residing in Badlapur Dist Thane Maharashtra. we have 38 flat member in our co op housing society. the society office bearers don’t follow proper procedure. some rowdy people have taken over society. no audit for last 15 years. no accounts shown to the members. i am not issued share certificate. when asked in meeting they get abusive and other members don’t attend meetings instead their female member attend meetings mutely without proper authority. people are scared. to talk during meetings. we are working class.hence get little time to argument and further follow up.

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  • jitender says:

    We are staying in a complex comprising of nearly 2000 apartment of different apartment size.the maintenance charges are calculated based upon the flat area even for the common amenities like swimming pool,landscaping, AMC fr for various equipments , Electricity bill for common area,security for the complex,housekeeping for the whole complex & many other things which are common to all the apartments, Whether this type of
    calculating & Charging maintenance as per the area of the flat is correct. please advise

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  • jitender says:

    the maintenance is handed over to official court receiver. the flats is in Bangalore

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  • Avinash S. Limaye says:

    Due to increased population of vehicles in the urban cities, and constructed places for the parking of two and four wheeler vehicles, of the members of co-op housing society, have to face conflicts of the interest and the legal rights, Are their standard or model rules ? regulations ? Laws ? to Avoid these. ?

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  • Umesh Joshi says:

    The Managing Committee of Media Cooperative Group Housing Society, Plot No.18A, Sector-7, dwarka, New Delhi-110075 decided not to allow second car of the residents of the society. Every resident is allotted individual space for parking one car in the stilt area. Second car was not allowed inside so far due to shortage of space in stilt parking. But recently, two cars are being parked on open and common space on payment basis. I came to know that Managing Committee took this decision on its own. Is it legal to allow second car parking on open and common space on payment basis?

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  • AJAY GUPTA says:

    Our society is in Dwarka New delhi and in an AGM we paid some lumpsum amount for reserving the stilt parking. Through a lottery process we got the parking slot allocated. Then a rule was made that first car parking is free and 2nd car onwards would be charged Rs.200/- per month for every member. Since my stilt parking slot was bigger in size, I was parking both my cars in that slot. Now the MC is charging Rs.200/- for my second car, although I am not using any extra space of common parking without finalising in the AGM/SGBM. Is this legal

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  • amay says:

    I am planning to buy a top floor flat in a 5 storied building. The developer claims it is a G+3 building. It is the stilt parking and above that there are 4 floors. So will the first floor in this case be considered as Ground floor? Is it a G+3 type of building?

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  • N. Manoharan says:

    Sir,

    I am living in an apartment in Trichy, Tamil Nadu. Two wheeler parking space is allotted free of cost by the promoter. But there is one suggestion by a house owner, who does not have any vehicle, that monthly rent should be collected by the Association from the house owners/tenants who are parking 2 wheelers.

    Kindly advise whether such provision is there in Tamil Nadu Societies Registration Act 1975 or Tamil Nadu Apartment Act.

    N. Manoharan

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  • Sushil kumar kothari says:

    What about the space between the pillars, can a person parking the car cover or occupy the space between the pliiars

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  • RADHE SHYAM says:

    Hello dear, pl advice me, I had booked a flat on down payment basis , and i had paid rs 200000 for stilt car parking, now builder is asking to sign on sale agreement , mentioned that you have allotted a covered / open car parking ,
    allotted car parking stand cancelled in event of cancellation , surrender , relinquishment,resumption,re- possession.
    I need your advise should i sign this agreement.

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  • Sydney Fernandes. says:

    As stilt parking is considered as common area is it included in property tax? If yes, what are the calculations in Mumbai-Maharashtra?

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  • DARSHAN says:

    DEAR SIR
    JUST I WANT KNOW, CAN I PAKRED MY CAR IN OPEN GROUND AREA NEAR MY RESIDENCE, WITH ALSO OTHER RESIDENTIAL MEMEBERS CAR PARKE WITH SAME PLACES. BUT SOME RESIDENCE MEMEBER DENIED TO PARK THIS AREA.LEGAL OR NOT.

    THIS AREA IS OPEN PLACE NO ROOF ONLY PLAY GROUND

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  • Diwakar says:

    I am living in a CHS IN Mumbai.I applied for a parking slot/space for my vehicle in the open space in the compound which i was denied Can managing committee deny parking space to its registered member? Our soceity has adopted the new bye laws what are the rules for alloting a parking space

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  • B.S.Dhillon says:

    Dear sir.
    Pl advise how to remove only president of the residents welfare society for his

    mismanagement and spending society fund without passing in mc meeting and also spending beyond his financial power passed in GBM as per the act
    Regards

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  • B.S.Dhillon says:

    Sir pl refer my queries dated 6 Oct.
    Ours is residents welfare society and not co operative society
    Thanks and regards

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  • B.S.Dhillon says:

    Sir
    Pl reply my queries. Ours is welfare society and not cooperative society. How to remove any elected MEMBER of society.
    Regards Dhillon secretary JVVRWA sec67

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  • Advocateji says:

    Dear BS Dhillon, It is small part of your problem. So you are advised to engage any or our legal expert to practically help you in matters of Society registered under Societies Registration Act, 1860.

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  • B.S.Dhillon says:

    Dear sir
    IS there any court ruling that co opted members of resident welfare association can not be given voting right like elected members.

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