Mumbai Housing Society Parking Queries: Expert Clarifies Stilt and Podium Parking Rules
Mumbai Housing Society Parking Queries: Expert Clarifies Stilt and Podium Parking Rules
Understanding the rules and regulations surrounding parking spaces in housing societies can be quite complex, especially in a bustling city like Mumbai. One of the most common queries pertains to the classification and sale of stilt and podium parking areas. According to legal expert Sharmila Ranade, neither stilt nor podium parking is considered open parking space.
Developers were not allowed to sell parking areas before the Real Estate (Regulation and Development) Act, 2016 (RERA) came into effect in Maharashtra. However, they often sold parking slots in common areas, such as open spaces within the society, but did not include these in the purchase agreement. Instead, they issued an allotment letter to the homebuyer and the housing society.
With the implementation of RERA, developers are now allowed to sell covered parking spaces. Section 2(n) of the RERA Act defines common spaces to include open parking spaces. Section 2(y) defines a garage as a space within a project that has a roof and walls on three sides for parking vehicles. However, this definition excludes unenclosed or uncovered spaces, such as open parking areas.
As per Rule 2(1)(j) of the Maharashtra RERA Rules, 2017 (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest, and Disclosures on Website), covered parking space refers to an enclosed area approved by the competent authority for parking vehicles of the allottees. This may include spaces in the basement, stilt, podium, or those provided through mechanised parking arrangements, but does not include a garage or open parking.
MahaRERA issued circular No. 36 in 2021, clarifying that open parking areas are provided free of FSI. It also specified developers’ obligations regarding the marking and numbering of open parking spaces, garages, and covered parking areas as per the sanctioned plan. When developers sell covered parking areas or garages, details such as type, number, and size must be included in the agreement for sale. You can download this Circular from the MahaRERA website: https://maharera.maharashtra.gov.in.
Another common query is about the attendance and voting rights of relatives in the general meetings of the housing society. Rajkamal Anand from Chembur asked if a relative of a member can attend the general meeting and vote. According to the legal expert, no relative of a member can attend the general body or vote unless they are an associate member. The member has the option to appoint a relative as an associate member. Relations that can be appointed as associate members include husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, and niece.
The member intending to appoint an associate member to exercise their rights and duties must submit the name to the society with written consent. The society will ensure that the name does not appear on the share certificate. An associate member may attend meetings and contest managing committee elections with prior written consent from the member. Similarly, a joint member may attend and vote at meetings. (SubSections 1(18), 10, and 11 of Section 154B, MCS Act).
For further clarification and assistance, you can send your queries to [email protected]. Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat, will provide detailed answers to your questions.
