Ours is an apartment consisting of 8 flats, registered under the Societies Act and managed by a managing committee. A doctor staying in the adjoining building parks his car in our car park under the plea that he holds title from the builder for parking on consideration of payment. The builder left the building after selling all the 8 flats. We have issued a notice to the doctor underlining the Supreme Court’s order that the builder has no right to sell/lease parking space in the common areas of the building and the entire land and building stands conveyed to the registered association.
What steps should be taken to get the car removed from our parking space?
Chennai
Car parking spaces (other than garage) come under non-FSI area and have to be treated as common area for the use of all the co-owners.
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The rights over car parking space can neither be sold nor assigned to any outsider by the developer.
You can either file a complaint before the local police station for trespass or seek an injunction from a competent court restraining the person from occupying your premises.