Housing Society Its Parking Rules

Housing Society Its Parking Rules

Housing Society Its Parking Rules

Parking rules for housing societies in Maharashtra are governed primarily by the Model Bye-laws of Cooperative Housing Societies (as per Maharashtra Cooperative Societies Act, 1960), the Development Control and Promotion Regulations (DCPR), and certain guidelines by the Maharashtra Real Estate Regulatory Authority (MahaRERA). Below is a structured summary of the parking rules, dos and don’ts, charges, and types of parking like stack and podium parking:


PARKING RULES IN MAHARASHTRA HOUSING SOCIETIES

1. Types of Parking

  • Open Parking: Within society premises, not covered.

  • Stilt Parking: Open space beneath a building, often on the ground floor.

  • Podium Parking: Parking provided on a raised platform or intermediate floor.

  • Stack Parking: Mechanized vertical parking system.


DOs and ❌ DON'Ts

For Housing Societies

DOs:

  • Allocate parking as per availability and policy adopted by the General Body.

  • Maintain a register of allotted parking slots.

  • Charge parking fees only as allowed by law/by-laws.

  • Allow a member to park if they own a vehicle and space is available.

  • Allow stack or podium parking if approved in the sanctioned plan.

DON'Ts:

  • Cannot sell parking slots (Supreme Court ruling: Nahalchand Laloochand Pvt Ltd vs Panchali Coop Housing Society, 2010).

  • Cannot allocate more than one slot per member unless surplus is available.

  • Cannot deny parking for electric vehicles or based on car size unless it violates safety norms.

For Members

DOs:

  • Park only in allotted/designated space.

  • Seek society’s approval for second vehicle parking (if space permits).

  • Follow rules for stack/podium systems (e.g., only use assigned platform).

DON'Ts:

  • Do not park in non-parking or common utility areas.

  • Do not sublet or "rent out" the parking to outsiders.

  • Do not tamper with stack parking equipment or misuse podium areas.


CHARGES FOR PARKING

As per Model Bye-law 83 & 84:

  • Charges may be levied for parking, decided by the General Body.

  • Charges can differ for:

    • Two-wheelers

    • Four-wheelers

    • Additional vehicles

  • Parking charges are typically monthly or annual.

  • For rented flats, higher charges may be applied to tenants if approved in AGM.

  • Stack and podium parking may have maintenance or usage fees due to equipment or special infrastructure.


STACK & PODIUM PARKING RULES

Stack Parking:

  • Mechanized systems must follow Maharashtra Fire Safety and DCPR norms.

  • Can only be used where permitted in building plans.

  • Users must be trained or assisted by operator if required.

  • Regular maintenance and inspection mandatory by the society.

Podium Parking:

  • Part of the sanctioned building plan.

  • Used to accommodate more vehicles in high-density projects.

  • Must have adequate ramp access, fire safety, and ventilation.


ALLOCATION GUIDELINES (Bye-law 78, 79, 80, 81, 82)

  • Allocation is non-transferable.

  • Priority is generally given to flat owners with vehicles.

  • A draw of lots may be used if demand exceeds availability.

  • Second slots only if first-round allocations are complete.


LEGAL REFERENCE POINTS

  • Model Bye-laws of CHS (updated 2024)

  • Maharashtra Ownership Flats Act (MOFA), 1963

  • Supreme Court ruling on sale of parking

  • MahaRERA Guidelines on Parking Allotment


If you want, I can also provide:

  • Draft format of parking allotment rules for your society.

  • Sample parking charge policy.

  • Guidance on handling disputes over parking.

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Here is a draft format of Parking Allotment Rules that a Cooperative Housing Society in Maharashtra can adopt and circulate to its members. It aligns with the Model Bye-laws, MOFA, and Supreme Court rulings.


Krishna Co-operative Housing Society Ltd.

Parking Allotment Rules

(As per the Model Bye-laws of CHS, Maharashtra)


1. Objective

To ensure fair, transparent, and regulated parking of vehicles within the society premises for the convenience and safety of all members.


2. Definitions

  • Parking Space: Includes stilt, open, podium, or mechanical (stack) parking within the society premises.

  • Member: Registered flat owner.

  • Vehicle: Registered two-wheeler or four-wheeler.


3. General Guidelines

  • Parking is permitted only for registered members owning vehicles.

  • Parking slots are not owned by members; they are allotted and can be reallocated by the Managing Committee.

  • No sale of parking space is allowed.

  • Allocation will be based on availability and application order or lottery in case of excess demand.


4. Allotment Procedure

  • Members must apply in writing with:

    • Copy of vehicle registration

    • Ownership proof of flat

  • Only one slot per flat will be allotted initially.

  • If surplus slots are available, second slots will be allotted based on lottery or waiting list.

  • In case of stack or podium systems, slots will be allotted as per operational capacity and size compatibility.


5. Charges

  • Parking charges will be decided by the General Body annually:

    • Two-Wheeler: ₹___ per month

    • Four-Wheeler: ₹___ per month

    • Additional vehicle (if allotted): ₹___ per month

    • Stack/Podium system usage fee (if any): ₹___ per month

  • Charges are payable along with monthly maintenance.


6. Rules for Stack and Podium Parking

  • Allotted only to eligible members with compatible vehicles.

  • Members must comply with operational procedures and safety norms.

  • The society will arrange periodic maintenance of stack/podium systems.

  • Members are liable for damage caused due to misuse.


7. Code of Conduct

  • Vehicles must be parked within the marked slots.

  • No subletting or transfer of parking rights to outsiders.

  • No repair work, washing, or oiling of vehicles in the parking area.

  • Speed limit of 10 km/hr to be maintained inside premises.


8. Penalties

  • Unauthorized parking: ₹___ per instance.

  • Parking in common areas: ₹___ per instance.

  • Repeated violations may lead to revocation of parking rights.


9. Review and Amendment

These rules may be reviewed annually or as required by the General Body. Amendments must be approved by a majority in the AGM or SGM.


10. Dispute Resolution

Any disputes regarding parking allocation shall be referred to the Managing Committee and, if unresolved, to the Deputy Registrar, Cooperative Housing Societies.


Approved by the Managing Committee
Date: ________
President/Chairman: ____________
Secretary: ____________
Seal of Society

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Here is a Sample Parking Charge Policy for a Cooperative Housing Society in Maharashtra. It outlines how parking charges are structured, approved, and implemented, and is aligned with the Model Bye-laws, MahaRERA norms, and best practices.


Parking Charge Policy

Krishna Co-operative Housing Society Ltd.

Address: [Society Address]
Registration No.: [Society Registration No.]
Effective From: [Date]


1. Objective

To formalize the parking charges applicable to members who are allotted parking spaces within the society premises, in a fair, transparent, and consistent manner.


2. Scope

This policy applies to all members of the society and covers charges for:

  • Two-wheelers

  • Four-wheelers

  • Additional vehicles

  • Podium and stack parking systems (where applicable)


3. Parking Charges (Monthly)

Vehicle TypeFirst VehicleAdditional VehicleRented FlatsRemarks
Two-Wheeler (Open)₹50₹100₹100-
Four-Wheeler (Open)₹200₹400₹400-
Four-Wheeler (Stilt)₹300₹500₹500Premium slot
Four-Wheeler (Podium)₹400₹600₹600Mechanized
Four-Wheeler (Stack)₹500₹700₹700Mechanical lift
Guest Parking (per day)₹50/dayN/AN/AIf approved by committee

4. Allocation Terms
  • Only members who own a vehicle and submit a valid RC book copy can apply for a parking slot.

  • Additional parking spaces are allotted only if surplus exists, preferably on a rotational or lottery basis.

  • No member shall claim ownership of a parking slot.


5. Use of Podium & Stack Parking

  • Members must follow operational guidelines issued by the Society for stack/podium use.

  • Misuse, negligent operation, or tampering will attract penalties or suspension of use.

  • Periodic maintenance costs may be included in society’s common expenses or recovered separately.


6. Tenants and Rented Flats

  • Tenants may be charged higher parking fees as per society’s general body approval.

  • Owner must inform the society about the vehicle used by the tenant.


7. Penalties and Violations

ViolationPenalty Amount
Unauthorized parking₹500 per instance
Blocking common access or fire exit₹1000 per instance
Misuse of stack/podium system₹1000 and revocation
Parking without allotted space₹300 per instance

8. Review and Amendments
  • Charges will be reviewed annually at the AGM.

  • Changes, if any, will be circulated 30 days in advance before implementation.


Approved in General Body Meeting Dated: [Date]
President: ____________________
Secretary: ____________________
Treasurer: ____________________

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Handling disputes over parking in a Cooperative Housing Society requires a structured, transparent, and legally compliant approach. Below is a clear and practical guide to resolving parking disputes in Maharashtra, based on the Model Bye-laws, the Maharashtra Cooperative Societies Act, and relevant legal rulings.


Step-by-Step Guidance on Handling Parking Disputes


1. Preventive Measures (Before Disputes Arise)

Best Practices:

  • Maintain a parking allotment register with details of slots, vehicle types, and member names.

  • Issue written allotment letters and display a parking layout map.

  • Circulate parking rules and penalties periodically to all members.

  • Conduct allotment transparently – via draw of lots or rotation (if demand > supply).


2. Types of Common Parking Disputes

Issue Type
Example
Unauthorized parkingMember parks without allotment or in others' slots
Multiple vehicles conflictA member demands more slots despite shortage
Subletting or selling slots
Member illegally "rents out" or "sells" parking
Tenants vs ownersOwners object to tenants using parking slots
Size/Type of vehicle issueOversized vehicle occupying multiple spaces
Stack/podium operational issues


Mechanical failure, dispute over priority

3. Resolution Process (As per Model Bye-laws)

Step 1: Internal Discussion

  • Ask the aggrieved member to submit a written complaint to the Managing Committee.

  • The Committee should respond in writing within 15 days with a proposed resolution.

Step 2: Mediation

  • Hold a joint meeting between the parties with the presence of a neutral Committee member or external mediator (if necessary).

  • Refer to society’s bye-laws, parking policy, and General Body resolutions to settle the matter.

Step 3: Documentation

  • Pass a resolution in the Committee meeting.

  • Communicate decisions in writing to all concerned parties.

  • Update the parking register and records accordingly.


4. Escalation Process (If Not Resolved Internally)

Approach the Registrar

  • If the dispute is not resolved, the member may file a complaint with the Deputy Registrar, Cooperative Housing Societies, under Section 91 of the MCS Act, 1960.

Required Documents:

  • Copy of complaint and response

  • AGM/GBM minutes with parking-related resolutions

  • Parking layout and allotment register

  • Evidence of violation (photos, CCTV, letters)

Timeline: Registrars typically aim to resolve cases within 3–6 months.


5. Legal Precedents to Keep in Mind

  • Parking slots cannot be sold – as per SC ruling in Nahalchand Laloochand Pvt. Ltd. vs Panchali CHS Ltd (2010).

  • Societies can allocate parking and charge for usage, but only through General Body decisions.

  • Allotment must be non-discriminatory, and based on documented procedures.


DOs and DON'Ts for the Managing Committee

DO:

  • Act only on written complaints, not verbal.

  • Apply rules equally to owners and tenants.

  • Maintain CCTV footage, logs, and allotment records for evidence.

  • Keep AGM/GBM decisions documented and accessible.

DON'T:

  • Allot parking verbally or informally.

  • Allow personal disputes to affect allocation.

  • Overrule previous AGM resolutions without valid reason.

Suggested Clause to Add in Society Circulars

“All parking-related complaints must be submitted in writing to the Secretary. Unauthorized parking, subletting of parking slots, or occupation of others’ designated areas will attract penalties and possible revocation of parking privileges.”

    ==================================================================================================

    Parking Complaint Form

    [Name of Society] Co-operative Housing Society Ltd.
    Address: [Society Address]
    Society Registration No.: [XXXXXXXX]
    Date: ___ / ___ / 20__


    1. Complainant Details

    FieldDetails
    Full Name_____________________________
    Flat No._____________________________
    Contact Number_____________________________
    Email (if any)_____________________________

    2. Nature of Complaint

    (Please tick the relevant box and provide a description)

    ☐ Unauthorized parking in my allotted space

    ☐ Illegal occupation of common parking area
    ☐ Dispute over parking allotment
    ☐ Obstruction/blocking of access
    ☐ Misuse of podium/stack parking system
    ☐ Damage to vehicle or property
    ☐ Other (please specify): _______________________


    3. Details of the Complaint

    (Please describe the issue in brief)




    4. Name(s) of Person(s) Involved (if known)



    5. Date and Time of Incident (if applicable)

    Date: ___ / ___ / 20__  Time: ____________


    6. Supporting Evidence (if any)

    ☐ Photographs
    ☐ CCTV Footage
    ☐ Witness Statement(s)
    ☐ Previous Correspondence
    ☐ Others: _____________________


    7. Relief/Resolution Requested

    ☐ Warning to the offending member
    ☐ Removal of unauthorized vehicle
    ☐ Reallocation/review of parking
    ☐ Repair of damage caused
    ☐ Mediation meeting
    ☐ Other: _____________________


    8. Declaration by Complainant

    I hereby declare that the information provided above is true and correct to the best of my knowledge and belief. I understand that any false complaint may lead to disciplinary action.

    Signature: ________________________
    Name: ____________________________
    Date: ___ / ___ / 20__


    9. For Office Use Only

    Action TakenRemarks
    Complaint Received On___________________________
    Signature of Secretary/Receiving Authority___________________________
    File No./Reference No.___________________________
    Forwarded to Committee on___________________________
    Resolution Status (✓): Pending / Resolved / Escalated___________________________
    Date of Resolution___________________________


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    [Society Letterhead]
    [Name of Society] Co-operative Housing Society Ltd.
    Address: [Full Address]
    Society Registration No.: [XXXXXX]
    Email: [society email]  Phone: [society contact]

    Date: ___ / ___ / 20__


    To,

    Mr./Mrs./Ms. [Name]
    Flat No. _____
    [Name of Wing/Tower]
    [Society Name]


    Subject: Warning for Unauthorized Parking

    Dear Mr./Mrs. [Member's Last Name],

    This is to inform you that the Managing Committee has received a formal complaint regarding unauthorized parking of your vehicle bearing registration number [MH-XX-XXXX] in [state specific location – e.g., another member’s allotted slot / common area / fire exit path] on [date/time].

    As per the Model Bye-laws of the Cooperative Housing Society and the Parking Policy adopted in the General Body Meeting dated [date], unauthorized parking is strictly prohibited within the premises.

    Despite prior communication/reminders, this is noted as a [first/second/repeated] violation of society parking rules.


    You are hereby warned to:

    1. Immediately cease unauthorized parking and remove your vehicle from the non-designated area.

    2. Park only in the allotted/designated slot henceforth.

    3. Ensure compliance with society rules to avoid further disciplinary action.

    Failure to comply with this warning may result in:

    • Penalty of ₹[amount] per instance as per the society's parking charge policy.

    • Temporary or permanent revocation of parking privileges.

    • Escalation to the Deputy Registrar under the Maharashtra Cooperative Societies Act.


    We request your cooperation in maintaining a safe, fair, and organized environment for all society members.

    Thanking you,

    Yours faithfully,
    For [Society Name] Co-operative Housing Society Ltd.

    __________________________
    [Name]
    Secretary
    [Contact No.]
    [Seal of Society]

    ==================================================================================================

    Subject: Resolution for Approval of Parking Policy, Charges & Allotment Procedure


    Resolution No. [X]/[20XX–20XX]

    It is hereby resolved that the Society shall adopt and implement the revised Parking Policy with effect from [Effective Date], in accordance with the Model Bye-laws and relevant legal provisions. The following provisions are to be included:


    1. Parking Allotment

    • Parking will be allotted only to members with a registered vehicle and on submission of an application.

    • In case of shortage, parking allotment will be done via lottery or rotation.

    • No member shall claim ownership of a parking slot; all parking spaces remain the property of the Society.


    2. Parking Charges

    The Society shall levy monthly charges as below:

    Vehicle TypeFirst SlotAdditional SlotTenantsRemarks
    Two-Wheeler (Open)₹___₹___₹___-
    Four-Wheeler (Open)₹___₹___₹___-
    Four-Wheeler (Stilt)₹___₹___₹___Premium Slot
    Four-Wheeler (Stack/Podium)₹___₹___₹___Mechanized Parking
    These charges will be collected monthly along with the maintenance bill.


    3. Unauthorized Parking and Penalties
    • Unauthorized or incorrect parking will attract a penalty of ₹___ per violation.

    • Repeated offenses may lead to temporary suspension of parking rights.


    4. Guest Parking

    • Guests may be allowed to park in designated common slots on a first-come, first-served basis.

    • Guest parking charge (if any): ₹___ per day.


    5. Stack/Podium Parking Use

    • Members using stack/podium systems must follow safety and operational instructions.

    • The Society shall carry out periodic maintenance of these systems. Misuse will attract penalties.


    6. Dispute Resolution

    • Any dispute related to parking shall first be addressed to the Managing Committee in writing.

    • If unresolved, the matter will be referred to the Deputy Registrar under Section 91 of the MCS Act.


    7. Annual Review

    • This policy shall be reviewed and amended (if needed) every year in the AGM.


    Passed By

    This resolution is passed with majority approval by the members present in the AGM held on [Date].


    For and on behalf of

    [Name of Society] Co-operative Housing Society Ltd.

    President/Chairman: ___________________
    Secretary: ___________________________
    Treasurer: ___________________________
    Seal of Society

    ==================================================================================================

    Subject: Resolution for Parking Policy, Charges & Allotment Procedure

    विषय: पार्किंग धोरण, शुल्क व वाटप प्रणाली बाबत ठराव


    Resolution No. 05/2025–2026 / ठराव क्र. ०५/२०२५–२०२६

    It is hereby resolved that the Society adopts the following Parking Policy with effect from 1st July 2025, in accordance with the Model Bye-laws and MCS Act.

    सर्वानुमते ठरविण्यात येते की, सहकारी गृहनिर्माण संस्था नियम व मॉडेल उपनियमांनुसार १ जुलै २०२५ पासून खालीलप्रमाणे पार्किंग धोरण लागू करण्यात येईल.


    1. Parking Allotment / पार्किंग वाटप

    • Parking will be allotted only to members with registered vehicles.
      नोंदणीकृत वाहन असलेल्या सदस्यांनाच पार्किंग वाटप करण्यात येईल.

    • In case of shortage, allotment will be made via draw of lots or rotation.
      पार्किंग जागा अपुरी असल्यास चिठ्ठी प्रणाली किंवा फेरफटका पद्धतीने वाटप होईल.

    • Parking slots remain property of the Society.
      पार्किंग जागेचे मालकी हक्क सदस्याकडे नसून, ती सोसायटीची मालमत्ता राहील.


    2. Monthly Parking Charges / मासिक पार्किंग शुल्क

    Vehicle Type / वाहन प्रकारFirst Slot / पहिली जागाExtra Slot / अतिरिक्त जागाTenants / भाडेकरू
    Two-Wheeler (Open) / दुचाकी (ओपन)₹50₹100₹100
    Four-Wheeler (Open) / चारचाकी (ओपन)₹200₹400₹400
    Four-Wheeler (Stilt) / चारचाकी (स्टिल्ट)₹300₹500₹500
    Four-Wheeler (Podium) / चारचाकी (पोडियम)₹400₹600₹600
    Four-Wheeler (Stack) / चारचाकी (स्टॅक)₹500₹700₹700
    Guest Parking / पाहुणे वाहन₹50/day / प्रति दिवस

    Charges will be included in monthly bills.

    वरील शुल्क मासिक देखभाल शुल्कात समाविष्ट करून आकारले जातील.


    3. Penalties / दंड

    Offense / नियमभंगPenalty / दंड
    Unauthorized Parking / अनधिकृत पार्किंग₹500 per day / प्रति दिवस ₹500
    Blocking Access / मार्ग अडवणे₹1000 per case / प्रत्येक प्रसंगी ₹1000
    Misuse of Slot / जागेचा गैरवापर₹300 per day / प्रति दिवस ₹300
    Stack/Podium misuse / स्टॅक/पोडियमचा गैरवापर₹1000 per incident / प्रत्येक वेळी ₹1000
    Repeat offenders may lose parking rights.

    वारंवार नियमभंग करणाऱ्यांवर पार्किंग हक्क रद्द केला जाऊ शकतो.


    4. Guest Parking / पाहुण्यांसाठी पार्किंग

    • Allowed only in designated common spaces with prior intimation.
      आगाऊ कळवून ठरविलेल्या जागांमध्येच पाहुण्यांचे वाहन ठेवण्यास अनुमती.

    • ₹50 per day will be charged beyond 24 hours.
      २४ तासांनंतर दररोज ₹५० शुल्क आकारले जाईल.


    5. Stack/Podium Guidelines / स्टॅक/पोडियम वापर नियम

    • Members must follow usage and safety rules.
      सदस्यांनी वापर आणि सुरक्षेचे नियम पाळणे बंधनकारक आहे.

    • Misuse will lead to penalty and recovery of damage.
      गैरवापर केल्यास दंड व नुकसान भरपाई आकारण्यात येईल.


    6. Dispute Resolution / वाद निवारण प्रक्रिया

    • Complaints to be submitted in writing to the Secretary.
      तक्रारी लेखी स्वरूपात सचिवांकडे सादर कराव्यात.

    • Unresolved matters to be escalated to the Deputy Registrar as per MCS Act.
      न सुटलेले वाद सहाय्यक निबंधकाकडे पाठवण्यात येतील.


    7. Annual Review / वार्षिक आढावा

    • The Parking Policy will be reviewed every AGM.
      हे पार्किंग धोरण प्रत्येक वार्षिक सर्वसाधारण सभेत पुनरावलोकनासाठी सादर केले जाईल.


    Resolution Passed / ठराव संमत

    This resolution is passed by majority at the AGM held on //2025.
    हा ठराव //2025 रोजी झालेल्या सर्वसाधारण सभेत बहुमताने संमत करण्यात आला.


    For and on behalf of the Society / सोसायटीतर्फे

    President/अध्यक्ष: _________________________
    Secretary/सचिव: ___________________________
    Treasurer/कोषाध्यक्ष: _____________________

    (Seal of the Society / सोसायटीचा शिक्का)

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    Last updated: 12/05/2025



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