Open and stilt parking in a group-housing society are common areas — they belong to all owners and generally cannot be 'sold' or charged for arbitrarily by an RWA or builder. The RWA can regulate parking fairly, not profiteer from it.
In plain words: the open and stilt parking in a group-housing society are common areas — they belong to all the owners together and generally cannot be 'sold' or charged for arbitrarily by an RWA or a builder. The RWA can regulate parking fairly; it cannot profiteer from it.
The problem
An RWA or builder 'sells' parking slots, charges heavily for them, allots them unfairly to favourites, or denies visitor parking — treating common property as a source of profit or patronage.
What the law says
- Parking is common area. Under the Haryana Apartment Ownership Act, 1983, parking areas form part of the common areas and facilities owned collectively by the apartment owners.
- Open and stilt parking cannot be sold. The Supreme Court has held that open and stilt parking spaces in such projects are common areas and cannot be sold separately by the builder; they belong to the owners.
- The RWA can only regulate reasonably. A residents' association can frame fair, transparent rules to allot and manage scarce parking — but it cannot auction common parking or charge arbitrarily for a right that already belongs to the owners.
What you can do, step by step
- Ask for the basis of the parking charge or allotment, in writing.
- Challenge any 'sale' of common parking and any arbitrary charge.
- Take it to the District Registrar of Societies and, where a builder is involved, HRERA.
How Vakil Help Desk helps
We challenge illegal parking charges and sales, and help societies frame a fair, transparent parking policy that holds up in law. If parking is being sold or arbitrarily charged in your society, contact Vakil Help Desk.
General information, not legal advice.