Parking Rules Under Cooperative Housing Society Act in Maharashtra: 1 Minute to Understand the Key Parking Regulations

The Cooperative Housing Society Act in Maharashtra, specifically governed by the Maharashtra Cooperative Societies Act, 1960 and model bye-laws, provides a legal framework for managing and operating cooperative housing societies—including rules about parking allocation, use, and disputes. Parking often becomes a critical topic for apartment dwellers, especially with limited space and increasing vehicle ownership. Understanding the rights and obligations under the Act can help members avoid conflicts and use communal spaces more harmoniously.

Types of Parking as per Maharashtra Cooperative Societies Act:

1. Open Parking: Space marked demarcated in the society’s premises but not covered.
2. Stilt Parking: Covered area on the ground floor of the building, excluding columns/structural supports.
3. Garage: Totally enclosed parking space, usually with a door or shutter, substantially walled on all sides.

Key Rules & Guidelines:

1. Ownership: Builders/promoters are not allowed to sell parking spaces separately. The Supreme Court of India (Nahalchand Laloochand Pvt. Ltd. v. Panchali Cooperative Housing Society Ltd., 2010) clarified that stilt and open parking spaces are common areas belonging to the society for the benefit of all members.
2. Allotment: Parking spaces are allotted by the society as per availability. Societies usually use a transparent process: either on a first-come, first-served basis, or by rotation, or by drawing lots when spaces are limited.
3. Transfer or Subletting: Members cannot sell, transfer, lease, or exchange their allotted parking spaces without written consent from the managing committee.
4. Charges: Societies can levy parking charges on members, even if the parking slot is allotted free of cost, as per the bye-laws. Multiple vehicles can attract higher monthly fees, as per policy.
5. Visitor Parking: Generally, some spaces are reserved for guests. Members should avoid parking in these areas.
6. Disputes: All parking-related grievances should be submitted in writing to the managing committee and, if unresolved, can be addressed to the Deputy Registrar of Cooperative Societies.

Design Considerations:

As a designer, I often help societies address parking problems through better space planning. Thoughtful 3D floor planning for communal spaces can maximize vehicle accommodation without sacrificing aesthetics or pedestrian safety. Using visualization tools, committees can assess proposed layouts before implementing structural changes, ensuring both compliance and convenience for all members.

Tips 1:

Always request and retain a written record of your parking allotment, including the space number, terms, and the society’s reason for allotting or rotating parking slots. This documentation can help resolve future disputes.

FAQ

Q: Can a member legally purchase a parking slot from another member or the builder?

A: No. Under current legal provisions and Supreme Court judgments, parking slots in cooperative housing societies can only be allotted—not sold or purchased—as these are common areas owned collectively by all members.

Q: Is it mandatory for the society to provide parking to every flat owner?

A: No, the society can’t guarantee parking for every member if space is limited. Allocation is usually based on availability, as outlined in the society’s bye-laws.

Q: Can a member use their garage or stilt area for commercial storage instead of parking?

A: Generally, no. These spaces are meant exclusively for vehicle parking. Using them for storage or commercial purposes is a violation of society rules and can attract penalties.

Q: Are visitors entitled to park in members’ allotted spaces?

A: No, unless the member provides explicit permission. Otherwise, visitors should use designated visitor parking areas.

Q: Can a member challenge the society’s procedure for parking allotment?

A: Yes. If a member feels the process is unfair or in violation of prescribed rules, they can submit a grievance to the managing committee or escalate it to the Registrar of Cooperative Societies for formal resolution.