Legal Eagle Property Plus

Ownership of parking space

Our 20-year-old Flat Owners’ Association is not registered. There is no earmarked car park either. Presently, three cars are being parked in front of the apartment. One of the flat owners has started parking a big car stating that the place belongs to him as he used to park his earlier car (a small one) there. Can I file a police complaint for nuisance or do I have to take up a civil case? If so, under which act?



Chennai

The car parking spaces, being part of the common area, will not come under the ownership of any individual flat owner, irrespective of the duration of use.

In your case, if the numbers of flats are five or more or if the numbers of floors in your building are three or more, it is advisable to have your Association registered under TN Societies Registration Act. The flat owners have to frame the bye-laws and submit the same along with the application for registration. The owners, collectively, can incorporate necessary provisions in the bye-laws as to how the available car parking spaces in the building have to be used by the occupants.

It is expected of all the flat owners to comply with and adhere to the bye-laws and if there is any violation, the same can be enforced through an appropriate court of law.


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Printable version | Oct 21, 2021 12:16:46 PM | https://www.thehindu.com/features/homes-and-gardens/ownership-of-parking-space/article8285138.ece

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