Verghese Atwasia
As I saw your answers , Please advice on following matters
2 of the flat owners are occupied Parking space (covered by cement sheets). There is no Registered Sale agreement for this (with builder). They showed us a letter from Builder that the area is sold to the Flat owner for some rupees.
We already informed the VVMC (Vasai Virar Municipal corporation ) to do a survey to find whether it illegal. Now he wants to become a member of Managing committee. For this he collected signature from flat owners by saying he is the most suitable person for Managing committee member.
How we can treat the case?
I C Naik
The Supreme Court in Nahalchand Laloochand P.Ltd. vs Panchali Co-Op.Hng.Sty.Ltd. on 31 August, 2010 has ruled that builder had no jurisdiction over common areas and stilts to sell any of them to flat buyers.
Common areas belong to CHS and agreement between buyer and builder about sale of parking is not binding on the CHS. The Committee/ Society in GENERAL MEETING can make parking Rules about parking as provided in the bye-laws. Municipality will not interfere.
Kindly note that for buildings constructed way before march 1980 there was no seperate consideration for parking spaces in either the rules of co-op housing societies or byelaws and few owned cars way back then. These stilt or garage parking spaces were treated as being along with the flat. The Co-op society members would pay for the construction of stilt areas and hence had ownership rights on these. How can the new bye laws be drafted or judges take decisions which violate ownership rights without taking the fact into consideration that people in these societies have spent their hard earned money to get this garage space. If that is allowed to happen tomorrow what protection exists for a flat owner in case the CHS rule makers decide someday that flats also become open spaces.