Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

We live in a seven-unit apartment, with five different families and two apartments owned by the builder. The builder had said that only six car parks were available and the same had been earmarked to the respective owners. One of the ground floor apartments were not alotted a car park at the time of purchase. All the owners were first allotted a two-wheeler space in the working drawing issued by the builder.

But the builder has now issued this common space, meant for two wheeler parking, to the ground floor apartment. Also, they had given us the project floor plan and car parking drawing during our transaction. It’s clearly mentioned that space was meant to be a two-wheeler parking slot.

Kindly assist in this regard.

D.Dhanasekaran

Chennai

The Hon’ble Supreme Court, in a judgment passed in August 2010, has held that open-to-sky parking area or stilted portion usable as parking space is not ‘garage’ and, therefore, not saleable independently as a flat or along with a flat. The Court further held that the promoter has no right to sell parking spaces as these are neither `flat’ nor appurtenant or attachment to a flat..

As your building is already in existence and occupied, this judgment will apply and the same is to the effect that car parking spaces have to be treated as common areas. In any apartment complex, the use and enjoyment of common areas or any restriction thereof are governed by the bye-laws of the Association. You have to form an Association and register its bye-laws. Once the builder has handed over the flats to the buyers, he cannot allot any space to any specific owner and the available two wheeler parking spaces have to be dealt with by the association taking into account the views of majority of the owners.