Apartment Car Parking Rules In A Housing Society

Homeowners base many of their purchasing decisions on the availability of good amenities, with car parking ranking high on the list. With the proliferation of high-rise buildings, finding parking in residential areas has become a daily battle.

The lack of uniform parking laws across the board in societies has resulted in an epidemic of unwritten rules and indiscriminate behaviour by all parties involved. When there are too many cars and not enough space, how does one maintain sanity and ensure fair treatment? This is why societies have parking bylaws. Read on to learn more about the car parking rules in a housing society.

Parking Laws In Housing Societies

• Residential societies, according to the Maharashtra Ownership Flats Act (MOFA) parking rules, can draught personalised society parking rules for tenants and residents, but only on the lines of the MOFA.
• The RWA must have a list of vehicles that will be parked, and residents/vehicle owners must submit a copy of the RC book with their application form.
• The policy of parking space allotment is covered by Section 78 of the MOFA, which states that parking allotment shall be made by the committee on the basis of first come, first served for all unsold and available parking spaces.
• Any resident interested in obtaining a stilt parking space must submit a formal request to the society secretary.
• Only the legal owner of a vehicle may apply for a parking space.
• No member should be allowed to park more than one vehicle in a single parking space. Any requests for a second slot can be made on a yearly basis, depending on the availability of parking spaces.
• Section 84 of the MOFA requires every member with a vehicle parking slot to pay an annual charge to the society, which is finalised at the society's general body meeting.
• Security guards should be given strict instructions on guest/visitor parking rules; according to the Brihanmumbai Municipal Corporation, a building should allow at least 5% space for visitor parking.

Other Important Car Parking Regulations In An Indian Housing Society

• Maintain a 10km/hr speed in your vehicle before and after entering the building or society.
• Make sure your vehicle has the "Entry Sticker" pasted on it. To obtain the entry sticker, you must submit a copy of your RC and fill out an application form. As per society rules, you may also be required to download an app (e.g. Park+) and enrol in an automated car parking facility
• Residents must obtain permission from the MC if visitors park on or near the society grounds. They must also notify the security guards if the visitors are expected to spend the night.
• Make sure you stay on the right path and park in the correct location. Many residents in residential areas in India violate parking rules and face fines as a result.
• Parking in front of the main gate, lift exit area, park, or any other area that may obstruct general access for residents is prohibited.

Laws In India Related To Car Parking Rules In Apartment/Residential Areas

• According to the Real Estate Regulatory Authority (RERA), builders are not permitted to sell stilt (covered) or open parking spaces. It is because parking is one of the basic amenities provided by the housing society. As a result, it is illegal for builders to charge buyers for parking as well.
• In 2010-11, builders wanted to sell parking spaces to outsiders as separate units, but society residents objected, and the matter went to court. As a result, the Bombay High Court ruled that parking space is a component of common facilities. The Supreme Court upheld the same decision, and the above rule became part of parking regulations in India's residential areas.
• In India, the Ministry of Housing and Urban Affairs created model building bylaws and parking rules for residential areas. 2 Equivalent Car Spaces (ECS) per 100 square metres of floor area in residential premises, according to these. This means that each resident gets one spot for every three bedrooms and two spots for every four bedrooms.
• Apartment Acts in various states such as Maharashtra and Delhi allow the Managing Committee of a housing society to establish their own car parking rules.
• According to the National Building Code (parking regulations in residential areas in India), one parking space for a four-wheeler must be at least 13.75 square metres. In the case of two-wheelers, it must be at least 1.25 square metres.

Role Of RWA In Parking Rules In Residential Areas In India

RWA, or Residential Welfare Association, is a non-profit organisation that works to improve the well-being and interests of residents in a specific community. According to the RERA (Real Estate Regulatory Authority) Act, when the majority of flats are booked, each housing society must establish an RWA within 90 days.

RWAs are managed by a Managing Committee that is registered under the Societies Registration Act of 1860. It means you should complain to them if you have any problems as a housing society resident, not just parking.

But, before you complain, make sure you understand the fundamental parking rules in India's residential areas. Here are some important reminders:

1. The apartment complex/housing society owns Shared/Common Spaces, including Parking (Open or Stilt).
2. Parking spaces are not owned by RWA members or residents.
3. Parking allocation is an administrative function of the managing committee of each housing society. The MC (RWA) or General Body has the authority to assign parking spaces to registered residents.
4. Homeowners, their families, and associate members are all considered registered residents.
5. The parking spaces are assigned numbers based on a LOP (Lay-Out Plan) approved by the civic body.
6. All residents of Indian apartments receive parking stickers from the Managing Committee or RWA. You do not have to pass a security check every time you enter/drive inside the society premises if you have a sticker on your vehicle.

Parking Types As Per Car Parking Rules In Housing Society

Every housing society is unique, with different layouts for flats and parking lots. Here are the different types of parking that every resident, whether permanent or temporary, should be aware of.

1. Angle Parking

When cars are parked at an angle, a technique is used in open parking with manageable spreads. The vehicles usually face the same direction (any one direction), and sliding in and out is simple if all vehicles are parked according to the rules and the required spaces between all four sides are maintained.

2. Perpendicular Parking

Similar to angle parking, vehicles are parked at a 90° angle and perpendicular to the curb up front in this type of parking. The driver must ensure that the tyres are pointed straight ahead. This is a popular design for garages and parking bays, as well as apartment complexes with limited parking.

3. Parallel Parking

This is a common sight on the road on the side of the curb where the driver parks between two cars, one in front and one in back. When a residential complex has a long pathway with enough space to accommodate cars and bikes without obstructing the path, this type is used.