Baywatch Apartments is an apartment building on New Beach Road, Tiruvanmiyur. The length of the plot is 138’ by 90’ and there are 16 flats, each with one parking slot as per CMDA rules.
The general agreement states that each owner gets open and covered parking. However, the builder auctioned covered slots only to those who paid up first, and left the association to allot open slots to the others.
After 15 years, we have a problem. One family says that the builder, at the time of allotment, allowed them to use the front setback area as open parking in addition to the covered parking slot. They cite the general agreement. Using the front setback area for parking prevents the watch and ward staff from doing their duty properly. Also, elderly people and children are not able to use the space for walks or games.
The clause the family states is in all 16 agreements as a general clause but the builder has provided a separate letter for the payment received and allotment of covered parking area for some owners, which does not mention a second open parking allotment.
Please clarify whether the front setback area is prohibited by CMDA for parking. Since the entire parking area, whether covered or open, falls in the common area of the Owners’ Association and is part of the undivided share, can some owners claim a second parking slot?
Chennai
The approved building plan issued by CMDA will disclose the spaces earmarked for parking. These parking slots are later allotted by the builder to buyers of apartments. Though the practice adopted by builders earlier was to separately charge for car parking slots, the same has undergone a change pursuant to a recent ruling of the Supreme Court that clearly stipulated that car parking spaces (other than those falling under the definition of garage) cannot be sold by the builder. In your case, it would be advisable to register your association at the earliest. The decision on the allotment of parking slots, taking into consideration the best interests of all the residents, can be taken in the first general body meeting of the registered association and duly minuted.
Can a house owner increase rent by 10-15 per cent once in two years as per a Supreme Court ruling?
Chennai
To our knowledge, there is no such ruling. In Tamil Nadu, these aspects are covered in the Tamil Nadu Buildings (Lease & Rent Control) Act of 1960 and the rules framed thereunder.
