Housing Society Problems and Solutions: Parking Disputes, Nominee Rights & Misuse of Residential Flats
Shirish Shanbhag 30 January 2025
Cooperative housing society (CHS/the Society) disputes continue to be a significant concern for residents, ranging from unfair parking allocations to the misuse of residential flats for commercial purposes. Many members find themselves struggling with arbitrary charges, unauthorised transactions by builders and unclear nominee rights. While CHSs operate under established laws and regulations, a lack of awareness often leads to misinterpretation and exploitation.
 
This week, I will address some pressing concerns raised by our readers, including the legality of parking slot allotment in redeveloped buildings, the responsibilities of a nominee if legal heirs fail to claim ownership and the right of a flat-owner to challenge unfair maintenance charges.
 
Allotment of Parking in a Redeveloped Building
 
Question: The redevelopment of our Society building is almost complete, and we are awaiting the occupation certificate (OC). Our permanent alternate accomodation agreement (PAAA) states that parking will be as per Development Control and Promotion Regulation (DCPR) 2034. The Society is comprised of 40 old members—16 ownership flats and 24 rental (pagdi) flats. The plot combines two buildings, which the builder owns, as no conveyance was done earlier.
 
The builder has constructed 75 flats and five commercial spaces and claims to have created 58 parking slots. Out of these, 40 flats are salable. It is also learned that the builder has sold some parking slots to pagdi flat-owners for Rs8 lakh each. I own a flat of 65sqm (square metres) and a car. Can I get a parking slot free of cost? Can the builder charge for parking slots if there are fewer than the number of members? What happens to those who are not allotted a parking slot?
 
Answer: As per DCPR 2034, you have the right to a parking slot. However, without reviewing your agreement and other related documents, it is difficult to provide a definitive answer.
 
It is important to note that the builder cannot sell parking slots to third parties or make such allocations arbitrarily. I recommend obtaining the approved building plans and verifying the project details on the MahaRERA website. If the project is unregistered or any irregularities are found, filing a formal complaint may be a necessary course of action.
 
Rented Residential Flat Being Used for Commercial Premises by Tenant
 
Question: Our apartment building has 10 flats and is designated as a residential apartment (condominium), as mentioned in the registration documents (articles / memorandum of association). One of the flats, owned by a non-resident Indian (NRI), has been rented out to a person who does not reside there but uses it for commercial activities. This results in frequent visitors at odd hours, compromising security and putting additional strain on utilities and services. Despite raising these concerns with the owner via WhatsApp messages, no action has been taken. How can we ensure that the flat is used only for residential purposes?
 
Answer: This is a common issue in condominium residential complexes. While the association, typically, oversees the building's external maintenance, individual owners are responsible for complying with the terms of ownership, including usage restrictions.
 
I recommend documenting the disturbances caused by the commercial activity and consulting a qualified lawyer. A formal legal notice can be issued to the flat-owner and, if the issue persists, you may involve the police authorities to address the misuse of the premises.
 
Rights of a Nominee, if No Legal Heirs Come Forward
 
Question: A nominee is considered a trustee. How long can the nominee retain the property if no legal heirs come forward to claim it?
Answer: It may not be appropriate to address such a general query without all the relevant facts. In Maharashtra, a nominee is entitled to provisional membership to occupy or rent the property in a CHS. However, full membership can only be granted upon submission of a court order or the necessary legal documentation, along with an undertaking and a proper public notice issued under the Society's seal.
 
I suggest that you provide specific case details and take an appointment to consult Moneylife Foundation's expert counsellor for further guidance. You can call their landline numbers (022) 35131664 or (0220 35036925 during business hours to take an appointment. 
 
No Parking Space Allotted, yet Parking Charges Imposed
 
Question: I have not been allotted parking and do not own a car (my resale agreement excludes parking). However, the Society is charging me in maintenance for the following:
1. Valet parking driver salary for 24 hours.
2. Electricity charges for stack parking allotted to other members.
3. Car lift maintenance and electricity charges due to guest parking being provided alongside allotted parking.
Am I obligated to bear these expenses without owning a car or having a parking space?
 
Answer:  You should formally request in writing a copy of the Society's parking policy and the adopted bye-laws. Additionally, you should also ask the Society to remove the disputed charges from their maintenance bill and adjust any recovered amount against future bills. Submit the letters in writing and get an acknowledgement from the managing committee with the date and official stamp of the Society. If the matter remains unresolved, you may consider approaching the deputy registrar of cooperative societies three months after writing to the managing committee of the Society.
 
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
 
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever. 
 
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
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