Legal Question in Construction Law in India

Hi,

I have purchased a resale flat on 3rd Oct 2012 from its 1st owner in Pune(Maharashtra).

The builder execucted deed of apartments for all the 38 flats in the building in Mar 2011.

Builder countinued to do maintaince of building for 1 year after that he sent notice that all the maintaince of building should be done by its members.

Builder didnt created or initiated society formation process and the society formation process is initiated by its members.

Presently society formation is still in process and its not registered yet.

The members of society has created a Association of all members and has a working committe as well.

In the aggrement as well as apartment deed of my first owner, Car parking has mentioned. I have carried that in my aggrement to sale and deed of apartment.

Since its was an investment flat, Builder has not give parking allotment letter to 1st owner,but the flat number was mentioned in one car parking(covered).

After shifting to new apartment, I have asked builder allotment letter and he has provided me the same on old stamp paper and date.

Now the proposed committe is saying that the parking allotment is not leagal as its alloted to you now.

They are also saying that once the apartment deed is done, builder cannot allotcate parking. They say its now associations property.

My questions are:

1. Is my parking illegal?

2.Is it true that builder cannot allot parking after deed of apartment.Society is not formed or registered yet.

3.Even though builder has asked assoiation members to do maintainace of society,Can he still allocate the remaining parkings?

Thanks

Akshay bhosey

[email protected]

9923230414


Asked on 1/13/13, 11:39 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.01.2013

Dear Akshay,

The prime task is the registration of the Society with the Dy. Registrar of Co-operative Housing Societies in Pune by the Chief Promoter and the provisional adhoc committee members. Allotment of parking spaces and their usage is governed by Sections 78 to 85 of the Maharashtra State Co-operative Societies Act, 1960 and the Maharashtra Co-operative Societies Rules & Bye-laws, 1961 read with byelaw No. 65 to be followed by the Secretary and the Managing Committee of the Society, which you need to refer to for better understanding :

Section 78(a) permits a member to hold allotted parking spaces/stilts and transfer them to any other member in the Society. Section 78(b) prohibits the transfer or sale of parking spaces by a member to an outsider who is not a member of the Society.

Section 79 reads - "No member may be entitled to utilize more parking spaces/stilts than what is allotted to him / her by the Committee / Builder".

Section 81 specifies that if the number of vehicles of eligible members exceeds the available parking spaces/stilts, the Managing Committee shall allot such parking spaces/stilts by "lots" on yearly basis.

Sections 86 to 94 govern the handing over of the records by the Chief Promoter of the Society to the provisional adhoc Managing Committee till the holding of the first Annual General Body meeting of the Society.

Regards,

FCA Prashant Chavan

Mumbai

(You can mail me for any further on-line advice at [email protected])

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Answered on 1/14/13, 5:13 am
Jayesh Desai Jayesh Desai

i) As the Builder has executed Deed of Apartment - you do not need Society, you are a legal entity, governed under the Mah. Apartment Ownership Act; and thus a condominium. In this situation Coop. Society's Act will not apply.

Although the builder cannot sell any parking space with or without execution of the Deed of Apartment, as parking space is common amenity of the Apartment or Condominium.

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Answered on 1/14/13, 9:59 pm


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