Q1: Many residents believe that after buying a flat, the parking space attached to it whether stilt, podium, or open automatically becomes their private property. Is this true?
No, this is a common misconception. According to the Maharashtra Ownership Flats Act (MOFA) and Supreme Court rulings, all parking spaces—whether stilt, podium, or open—are considered common areas of the building. Builders are not allowed to sell or permanently allot them to any individual flat owner. Once the housing society is formed, the managing committee is responsible for allocating parking spaces fairly, ensuring equal opportunity and access for every member.
Q2: What can residents do if their builder has sold or allotted them a specific parking space before the society was formed?
If the builder has sold or assigned a parking slot, residents should raise the issue once the society is registered. The society can review the documents, seek legal guidance, and make necessary corrections to align with MOFA rules. The managing committee can then reallocate parking on a fair and rotational basis, treating all parking areas as shared community property rather than personal assets.
🧾 Guidelines for Residents and Societies
- Parking spaces cannot be sold — They are common areas under MOFA.
- Builders can only assign temporarily until the society is formed.
- Managing committees must allot parking through fair, transparent procedures.
- Priority or rotation systems should be applied if slots are limited.
- All decisions should be documented in society meeting minutes.
- Disputes can be raised before the Deputy Registrar or cooperative authority.
- Members should avoid private deals on parking to prevent future conflicts.
🔗 Source:
👉 Mumbai Housing Society Queries: ‘Stilt, Podium Are Not Open Parking Spaces,’ Says Expert
🅿️ Stilt, Podium, Open Parking Are They Exclusively Yours?