Key Parking Guidelines for Housing Societies

Posted On August 12, 2024

Have you ever felt like you’re playing musical chairs with your car in your residential society?

Parking in high-rise buildings can be a real puzzle, especially when everyone’s trying to squeeze into the limited spots available.

You find the perfect parking spot, but a neighbour’s car is halfway in Annoying.

This article looks into the parking rules so that everyone knows where to park without stepping on each other’s toes.

The Essentials of Parking Laws in Housing Societies

Residential societies in India, particularly in states like Maharashtra, follow guidelines set forth by the Maharashtra Ownership Flats Act (MOFA).

These guidelines provide a framework for societies to draft their own parking rules, ensuring fairness and order. Here’s a closer look at these rules:

• Vehicle Registration Requirement: Every vehicle parked in the society must be registered with the Residents’ Welfare Association (RWA). To do so, vehicle owners must submit a copy of their RC book along with an application form.
• Allocation Based on First-Come, First-Served Basis: In line with Section 78 of MOFA, parking spaces are assigned on a first-come, first-served basis for all unsold and available spaces. This practice prevents bias and ensures an impartial distribution.
• Formal Requests for Stilt Parking: Residents desiring a stilt parking space must formally submit a request to the society secretary. It’s important to note that only the legal owner of a vehicle is eligible to apply for a parking space.
• Single Vehicle Policy: Each member is permitted to park only one vehicle in a designated space. Requests for additional parking slots can be made annually, subject to availability.

Annual Charges and Visitor Parking

• Annual Parking Fees: According to Section 84 of MOFA, members assigned parking spaces are required to pay an annual fee, which is established during the society’s general body meeting.
• Visitor Parking: The Brihanmumbai Municipal Corporation (BMC) mandates that societies allocate a minimum of 5% of their parking spaces for visitors. It is essential to instruct security guards on the visitor parking regulations to prevent any confusion.

Regulations for Car Parking

Beyond MOFA, other important regulations ensure the smooth functioning of parking in residential societies:

Speed and Safety Measures

Enforcement of Speed Limits: It is necessary to maintain a speed of 10 km/hr within the society premises to ensure the safety of all residents.

Entry Stickers and Access Regulations

Mandatory Display of Entry Stickers: All vehicles must visibly display an entry sticker. Residents are typically required to submit a copy of their RC book and may need to utilize a designated app for automated parking systems to obtain these stickers.

Guest and Visitor Parking Regulations

Permission for Guest Parking

Residents are obligated to seek permission from the Managing Committee (MC) if their visitors require parking on or near the society grounds, especially if they intend to stay overnight.

Prohibited Parking Areas: Strict Enforcement

Designated No-Parking Zones: It is strictly prohibited to park in front of the main gate, lift exit areas, parks, or any other areas that could obstruct access for other residents.

Laws and Guidelines for Parking in India

Below are some parking regulations influenced by RERA and the National Building Code in India:

• RERA Guidelines: According to the Real Estate Regulatory Authority (RERA), builders are not permitted to sell stilt or open parking spaces as they are considered common amenities. It is deemed illegal to charge buyers separately for these spaces.
• Supreme Court Ruling: The Supreme Court has upheld a 2011 Bombay High Court ruling, affirming that parking spaces are integral parts of common facilities and cannot be sold as independent units.
• Model Building Bylaws: The Ministry of Housing and Urban Affairs has established model bylaws that outline parking requirements, such as the mandate of 2 Equivalent Car Spaces (ECS) per 100 square meters of residential floor area.

Types of Parking in Housing Societies

• Angle Parking: This type of parking involves vehicles being parked at an angle, typically found in open parking areas, allowing for easier moving.
• Perpendicular Parking: Cars are parked at a 90-degree angle to the curb, commonly observed in garages and parking bays.
• Parallel Parking: In this type of parking, vehicles are parked parallel to the curb, often utilized in narrow lanes or alongside pathways.
• Tower Parking System: An automated parking system where cars are moved to designated spots using lifts, particularly suitable for societies facing space constraints.

Common Parking Solutions

• Unauthorized Parking: It is important to ensure that parking spaces are used only by the vehicles they are assigned to. Any additional vehicles must receive approval from the relevant authority and may be subject to additional fees.
• Guest Parking: Designate specific parking spaces for visitors and communicate the parking regulations to the appropriate personnel.
• Unmarked Spaces: All parking spaces should be marked and numbered to prevent any confusion or disputes regarding parking allocation.
• Fair Allocation: Parking should be allocated on a first-come, first-served basis, and any distribution of additional spaces should be conducted fairly and transparently.

It’s important to grasp the parking regulations in residential communities as it helps in maintaining peace and equity among all residents.

Proper understanding of registration, and allocation policies, and addressing common concerns assist in establishing a well-managed parking system. Adhering to these guidelines and collaborating with the RWA contributes to a calm and structured living environment.

Implementing these extensive parking rules and regulations enables residents to experience a more systematic and harmonious parking arrangement within their residential complexes.

At Save Max, we prioritize accuracy and reliability in every piece of information we share, making us a trusted source for all your real estate needs. As a leading brokerage company in India, we offer a diverse portfolio of projects and properties across major cities, including Delhi, Gurgaon, Noida, Bangalore, Pune, Kolkata, and Chandigarh.