Chapter XIII: Parking, Vehicle Management and Electric Vehicle Charging Systems

Bye-law 76. Policy for Allotment, Regulation and Use of Parking Spaces

(a)(i) The Society shall regulate, allot, manage and control parking spaces in accordance with the provisions of the Act, the Rules, these Bye-laws, the approved building plans, Occupancy Certificate, Deed of Conveyance, registered documents, applicable real estate laws and the Parking Policy approved by the General Body.

(b)(ii) The Parking Policy shall provide for classification, demarcation, allotment, use, charges, waiting list, cancellation, re-allotment, visitor parking, emergency access, stack/mechanical parking and such other matters as may be necessary for orderly management of parking spaces.

(c)(iii) The allotment and use of parking spaces shall be fair, transparent, equitable and non-discriminatory and shall not obstruct fire safety, emergency access, common areas, common services or the lawful use of the Society’s property by other Members.

(d)(iv) No parking space shall be sold, transferred, assigned, enclosed or used independently of the flat/unit, except where such right is expressly recognised under applicable law and supported by lawful registered documents.

(e)(v) All parking spaces allotted by the Society shall confer only a right to use such parking space in accordance with these Bye-laws and the Parking Policy and shall not create any ownership, tenancy, easement or permanent proprietary right.

(vi) Nothing contained in this Chapter shall validate any sale, allotment or claim in respect of parking spaces which is contrary to the Act, the Rules, MOFA, RERA, the approved plans or any judgment of the Supreme Court or High Court applicable to such parking space.

Bye-law 77. Nature, Classification and Legal Position of Parking Spaces

(a)(i) Parking spaces may consist of open parking spaces, stilt parking spaces, covered parking spaces, enclosed garages, stack/mechanical parking spaces or any other parking facility shown in the approved building plans or recognised under applicable law.

(b)(ii) Open parking spaces and stilt parking spaces shall ordinarily form part of the common areas and facilities of the Society and shall not be treated as independent saleable units.

(c)(iii) In projects governed by RERA or other applicable real estate laws, covered parking spaces, garages or mechanically allotted parking spaces specifically identified in the registered Agreement for Sale or other lawful document may be recognised by the Society, subject to verification that such allotment is consistent with the approved plans, Occupancy Certificate, Deed of Conveyance and applicable law.

(d)(iv) The Society shall not ignore a parking space lawfully attached, allotted or reserved in favour of a flat/unit under a registered Agreement for Sale or any other legally valid document; however, any such claim shall be subject to verification and shall not be recognised if it is contrary to law.

(e)(v) No Member shall claim ownership, title or permanent right over any open, stilt or common parking space merely on the basis of occupation, use, builder’s letter, receipt, possession or past practice, unless such right is legally recognised and supported by valid documents.

Bye-law 78. Demarcation, Numbering and Parking Register

(a)(i) The Society shall, as far as practicable, demarcate, mark and number all parking spaces in accordance with the approved plans and in a manner consistent with safety, access, fire-fighting requirements and convenience of Members.

(b)(ii) No parking space shall be demarcated or used in a manner which obstructs access roads, entry or exit points, fire tender movement, emergency exits, transformer room, electrical room, pump room, lift lobby, staircase, common passage or any essential service.

(c)(iii) The Society shall maintain a Parking Register or electronic record showing the flat/unit number, name of Member, parking space number, type of parking, vehicle registration number, date of allotment, cancellation, re-allotment and waiting list particulars.

(d)(iv) No Member shall alter, enclose, merge, divide, encroach upon or change the location, dimension or use of any parking space without written permission of the Society and approval of the competent authority, wherever required.

Bye-law 79. Eligibility and Allotment of Parking Spaces

(a)(i) Every Member holding a flat/unit in the Society shall be eligible to apply for allotment of parking space in accordance with these Bye-laws and the Parking Policy.

(b)(ii) Parking shall ordinarily be allotted to the flat/unit and not to any particular vehicle.

(c)(iii) Subject to availability, one parking space shall ordinarily be allotted to one flat/unit in the first instance.

(d)(iv) Where parking spaces are available in excess after satisfying eligible Members requiring one parking space, additional parking may be allotted on temporary or yearly basis as per the Parking Policy approved by the General Body.

(e)(v) The vehicle parked in the allotted parking space need not be registered in the name of the Member. It may belong to or be lawfully used by the Member, Joint Member, Associate Member, Provisional Member, family member, tenant, licensee, caretaker or any person lawfully occupying or authorised to use the flat/unit.

(f)(vi) The Member shall intimate the Society in writing or by electronic means the registration number of the vehicle proposed to be parked. The Society shall not ordinarily insist upon the Registration Certificate, insurance policy or ownership document of the vehicle, unless required by law or for resolving a specific complaint or dispute.

(g)(vii) Where the number of applicants exceeds available parking spaces, allotment shall be made by a fair and transparent method such as draw of lots, rotation or any other method approved by the General Body.

(viii) The eligibility for parking shall cease upon transfer of the flat/unit or cessation of membership, except where a parking right is lawfully attached to the flat/unit under registered documents and recognised under applicable law.

Bye-law 80. Parking Charges

(a)(i) The Society may levy parking charges for the allotment and use of parking spaces in accordance with the provisions of the Act, the Rules, Government directions and these Bye-laws.

(b)(ii) The parking charges shall be determined by the General Body and may vary having regard to the nature, type, location or size of the parking space, including open parking, stilt parking, covered parking, garage, stack/mechanical parking or any other category of parking.

(c)(iii) Parking charges shall be payable by the Member to whom the parking space is allotted and shall form part of the dues payable to the Society.

(d)(iv) Where a Member has been allotted more than one parking space, the General Body may prescribe different parking charges for the additional parking spaces.

(e)(v) Parking charges shall not confer any ownership, tenancy or proprietary right in the parking space and shall only entitle the Member to use the allotted parking space in accordance with these Bye-laws.

(f)(vi) The Society may recover unpaid parking charges in the same manner as any other dues recoverable under the Act, the Rules and these Bye-laws.

(g)(vii) The Committee may suspend the use of an additional parking space allotted under Bye-law 76(iv) where the Member defaults in payment of parking charges or breaches the Parking Policy, after giving the Member a reasonable opportunity of being heard.

(h)(viii) Nothing contained in this Bye-law shall affect the right of the Society to revise parking charges from time to time by a resolution of the General Body, subject to the provisions of the Act, the Rules and these Bye-laws.

Bye-law 81. Regulation of Use of Parking Spaces

(a)(i) Every Member and occupant shall use the parking space allotted to the flat/unit only for parking of motor vehicles and in accordance with the provisions of the Act, the Rules, these Bye-laws and the Parking Policy of the Society.

(b)(ii) No Member or occupant shall use or permit the use of any parking space for storage of goods, construction materials, scrap, furniture, cylinders, inflammable, hazardous or explosive substances or for any commercial, industrial or other purpose inconsistent with its use as a parking space.

(c)(iii) No Member or occupant shall park any vehicle in a manner which obstructs the movement of other vehicles or pedestrians or blocks any entrance, exit, internal road, fire tender access, fire-fighting equipment, transformer room, electrical room, pump room, staircase, lift lobby, common passage or any other common facility or emergency access.

(d)(iv) No Member or occupant shall encroach upon, enclose, erect any structure, install shutters, chains, barriers, bollards, storage cabinets or any permanent or temporary fixture in or around the allotted parking space without the prior written permission of the Society and the approval of the competent authority, wherever required.

(e)(v) Visitor parking spaces, if provided, shall be used exclusively for visitors and shall not be occupied by Members on a permanent or regular basis except in accordance with the Parking Policy of the Society.

(f)(vi) Every Member shall ensure that the vehicle parked in the allotted parking space is roadworthy and does not cause leakage of fuel, oil or other substances, excessive noise, pollution or any nuisance, inconvenience or danger to the Society or its Members.

(g)(vii) The Society may issue reasonable directions for regulating the use of parking spaces in the interest of safety, security, fire protection, traffic management, maintenance and convenience of Members and occupants, and every Member and occupant shall comply with such directions.

(h)(viii) Where any vehicle is parked in contravention of these Bye-laws or in a manner causing obstruction, danger or inconvenience, the Committee may, after giving reasonable notice where practicable, remove or cause such vehicle to be removed to a suitable place at the risk and cost of the Member. In cases of emergency or immediate danger, the Society may remove the vehicle without prior notice.

(i)(ix) Any damage caused to the Society’s property or to the property of any Member arising out of the use of a parking space or parking of a vehicle shall be made good by the Member responsible, without prejudice to any other action permissible under the Act, the Rules or these Bye-laws.

Bye-law 82. Surrender, Cancellation and Re-allotment of Parking Spaces

(a)(i) A Member may voluntarily surrender the parking space allotted to the flat/unit by giving a written intimation to the Society. Upon such surrender, the Society may re-allot the parking space in accordance with these Bye-laws and the Parking Policy.

(b)(ii) The Committee may cancel the allotment of a parking space where—

(i)(a) the allotment has been obtained by fraud, misrepresentation or suppression of material facts;

(ii)(b) the parking space is used in contravention of the provisions of the Act, the Rules, these Bye-laws or the Parking Policy;

(iii)(c) the Member repeatedly violates the lawful directions issued by the Society regarding the use of the parking space;

(iv)(d) the parking space is required to comply with any order of a competent authority or any requirement under applicable law;

(v)(e) the Member ceases to be entitled to the parking space under these Bye-laws.

(c)(iii) No allotment shall be cancelled under clause (ii), except after giving the Member a reasonable opportunity of being heard and by recording the reasons for such cancellation in writing.

(d)(iv) Upon transfer of the flat/unit or cessation of membership, the parking allotment made by the Society shall automatically stand cancelled, unless the right to the parking space is lawfully attached to the flat/unit under applicable law and recognised by the Society in accordance with these Bye-laws.

(e)(v) Every parking space becoming available on account of surrender, cancellation, transfer or any other reason shall be re-allotted by the Society in accordance with these Bye-laws and the Parking Policy.

(f)(vi) Where the number of eligible applicants exceeds the number of available parking spaces, the Society shall maintain a waiting list in a fair, transparent and chronological manner, and every re-allotment shall ordinarily be made from such waiting list.

(g)(vii) A Member whose parking allotment has been cancelled shall surrender possession of the parking space within the period specified by the Committee. Upon failure to do so, the Society may resume possession of the parking space and take such further action as may be permissible under the Act, the Rules and these Bye-laws.

(h)(viii) Cancellation or surrender of a parking space shall not affect the liability of the Member to pay any outstanding parking charges or any other dues payable to the Society. ⸻

Bye-law 83. Installation and Use of Electric Vehicle Charging Facilities

(a)(i) Every Member shall be entitled to install a private Electric Vehicle (EV) charging facility for charging an electric vehicle at the parking space lawfully allotted to or otherwise lawfully available for use by such Member, subject to the provisions of the Act, the Rules, these Bye-laws and the applicable laws, Government directions and technical standards.

(b)(ii) Installation of a private EV charging facility shall not require the approval of the General Body. Upon receipt of a complete application complying with the prescribed requirements, the Society shall issue the required No Objection Certificate or permission, wherever required, within the period prescribed by the Government and shall not withhold or refuse the same except for reasons relating to non-compliance with applicable law, safety standards or these Bye-laws.

(c)(iii) Every application shall be accompanied by—

(i)(a) details of the parking space;

(ii)(b) specifications of the charging equipment;

(iii)(c) details of the electrical load and source of supply;

(iv)(d) layout of cabling and electrical installation, wherever required;

(v)(e) an undertaking to comply with all applicable electrical, fire safety and statutory requirements; and

(vi)(f) such other information or documents as may be prescribed by the Government or reasonably required by the Society for verifying compliance with law.

(d)(iv) The entire cost of electrical load augmentation, dedicated meter, cabling, charging equipment, installation, civil works, testing, commissioning, operation, maintenance, repairs, replacement, electricity consumption, statutory approvals and removal, wherever required, shall be borne solely by the Member.

(e)(v) Every installation shall be carried out only through a licensed electrical contractor using approved equipment and shall comply with all applicable technical, electrical, structural and fire safety standards prescribed by law and by the competent authorities from time to time.

(f)(vi) No installation shall—

(i)(a) obstruct any common area, internal road, fire exit or emergency access;

(ii)(b) adversely affect the structural stability of the building;

(iii)(c) interfere with common electrical installations or essential services;

(iv)(d) create any electrical, fire or public safety hazard; or

(v)(e) cause nuisance, inconvenience or damage to the Society or any Member.

(g)(vii) The Society may, after reasonable notice, inspect the installation only for the purpose of verifying compliance with applicable safety standards and these Bye-laws. The Member shall promptly rectify any defect or unsafe condition pointed out by the Society or any competent authority.

(h)(viii) Where the installation poses an immediate danger to life or property, or where the Member fails to rectify any material defect within the time specified after notice, the Society may suspend or disconnect the charging facility by a reasoned order, without prejudice to any other action permissible under law.

(i)(ix) The Society may establish common EV charging infrastructure for the benefit of Members and may recover electricity charges, user charges and maintenance charges in accordance with the Act, the Rules, these Bye-laws and Government directions.

(j)(x) The Society shall not be liable for any loss, damage, malfunction, fire, theft, accident or electrical fault arising from any private EV charging installation except to the extent such loss is directly attributable to the negligence or wilful act of the Society.

(k)(xi) Every Member installing a private EV charging facility shall indemnify and keep indemnified the Society against all claims, losses, liabilities, damages, costs and expenses arising out of such installation or its use.

(l)(xii) The Committee may prescribe standard application forms, technical checklists and operating procedures consistent with the Act, the Rules, these Bye-laws and Government directions, but shall not impose any condition which is inconsistent with or more restrictive than the applicable law or Government directions.