Mumbai Housing Society Queries: 'Stilt, Podium Are Not Open Parking Spaces,' Says Expert
Q. My understanding is that apart from closed garages, all other open spaces such as stilt parking, podium parking and open parking belong exclusively to the society and cannot be sold by the developers. Is this correct? EL Sebastian, Dahisar A.
Please note that neither stilt nor podium parking is considered as open parking space. Developers were not allowed to sell parking areas before the Real Estate (Regulation and Development) Act, 2016 (RERA) came into effect in Maharashtra. However, they often sold parking slots in common areas, such as open spaces within the society, but did not include these in the purchase agreement.
Instead, they issued an allotment letter to the homebuyer and the housing society. With the implementation of RERA, developers are allowed to sell covered parking spaces. Section 2(n) of the RERA Act defines common spaces to include open parking spaces. Section 2(y) defines a garage as a space within a project that has a roof and walls on three sides for parking vehicles. However, this definition excludes unenclosed or uncovered spaces, such as open parking areas.
As per Rule 2(1)(j) of the Maharashtra RERA Rules, 2017 (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest, and Disclosures on Website), covered parking space refers to an enclosed area approved by the competent authority for parking vehicles of the allottees. This may include spaces in the basement, stilt, podium, or those provided through mechanised parking arrangements, but does not include a garage or open parking.
MahaRERA issued circular No. 36 in 2021 clarifying that open parking areas are provided free of FSI. It also specified developers’ obligations regarding the marking and numbering of open parking spaces, garages, and covered parking areas as per the sanctioned plan. When developers sell covered parking areas or garages, details such as type, number, and size must be included in the agreement for sale. You may download this Circular from MahaRERA website https://maharera.maharashtra.gov.in.
Q. Can a relative of a member attend the general meeting of the society and vote? Rajkamal Anand, Chembur
No relative of a member can attend the general body and or vote unless he is an associate member. The member has an option to appoint a member as an associate member. Relations that can be appointed as associate members are husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew and niece.
The member intending to appoint associate member to exercise his rights and duties may do so. It is important to note that the name must be submitted to the society with written consent, and the society will ensure it does not appear on the share certificate. An associate member may attend meetings and contest managing committee elections with prior written consent from the member. Similarly, a joint member may attend and vote at meetings. (SubSections 1(18), 10, and 11 of Section 154B, MCS Act).
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
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