Cooperative Housing Society Bye-Laws for Parking
In a residential society, parking slots form part of the common area. As per Cooperative Housing Society bye-laws for parking, the managing committee must allot them fairly on a first-come first first-served basis, cannot sell or transfer them individually, should clearly mark each slot, and may charge members according to the general body’s decision.
Why Parking Rules Matter in a Housing Society?
Parking often becomes a major source of conflict in a housing society when cars block each other, members occupy extra slots, or charges remain unclear. Without proper cooperative housing society bye-laws for parking, such issues can quickly escalate and even result in legal disputes, since parking areas are part of the common property.
When residents understand the byelaws, the managing committee follows clear procedures, and parking is allotted transparently, it ensures fairness, harmony, and better value for the entire community.
What are the Cooperative Housing Society Bye-Laws for Parking Cover?
Here are the key provisions you’ll find in many model bye-laws about parking:
- The society’s general body must frame and adopt parking rules.
- Allotment of parking space is done by the managing committee on a “first-come, first-served” basis, or by lottery when slots are scarce.
- Members cannot use more slots than officially allotted.
- Parking slots must be clearly marked or numbered so there’s no confusion.
- Members cannot sell or transfer the parking slot that the society allotted to them.
- A member with a vehicle is eligible, and normally only one slot per member unless additional slots remain unused.
- Members must pay for each allotted slot even if they don’t use it. The general body fixes the rate.
Read also: Car Parking Rent in Apartment Buildings
Key Points of Cooperative Housing Society Bye-laws for Parking
When you’re reviewing your society’s bye-laws or proposing a parking policy, check these specific details:
- Confirm that parking slots are designated as common areas and not individually sold. Many disputes start when a builder or developer sells slots separate from flats.
- The allotment method should be fair and transparent. If there are more vehicles than slots, there should be a transparent process, like a lottery or rotation.
- A limit of one slot per member is common unless extra slots remain unclaimed. Using more than one slot per flat needs clear rules.
- Clear marking and numbering of slots prevents confusion and unfair use.
- The society must fix parking charges via the general body, and these charges must apply to every allottee, irrespective of whether the slot is used.
- The rule that a member cannot sell or transfer their parking slot is vital. It keeps the slot tied to membership and avoids speculative trading.
How Can Your Society Implement Parking Bye-Laws?
Here’s a simple step by step guide for your society:
General Body Meeting (GBM)
Propose and agree on parking rules that align with the bye-laws. Ensure all members get notice.
Draft Clear Parking Policy
Based on the approved bye-laws, the managing committee writes the parking policy that includes eligibility, number of slots per member, charges, marking, etc.
Slot Mapping & Marking
Number and mark every parking slot in the compound or basement so everyone knows “this is slot 12, this is slot 13”.
Allotment Process
Use a clear method (e.g., first-come-first-served or lottery) when demand exceeds supply. Communicate it to all members.
Member Application & Documentation
Ask members who want parking to submit vehicle details and application form; maintain list of allotments.
Set Charges & Collect Dues
At the GBM, fix parking fees for each slot (car, two-wheeler, guest) and collect accordingly. Members should pay even if they are not using the slot.
Monitor Use & Enforce Rules
Ensure no member is parking more than their allotted slot; address misuse or transfer attempts.
Review Annually
If many members don’t use their slots, consider repurposing or reallocating unused slots; revisit fees if required.
Read also: Parking Problems and Solutions in Housing Societies
What Happens If These Bye-Laws Are Not Followed
Ignoring these bye-laws causes many problems, like members feeling unfairly treated, reserved slots getting misused, extra vehicles causing blockages, and disputes going up. Legally, a society may face challenges if the parking space has been treated as a private asset contrary to the bye-laws or the laws under the Real Estate (Regulation and Development) Act, 2016 (RERA) or state cooperative societies laws
For example, a member might challenge the society or developer if they were sold a parking slot separately when the law says it belongs to the society as a common area. Clear bye-laws, transparent processes, and consistent enforcement help avoid such legal and relational mess.
Read also: RERA Rules for Parking Management
Quick Summary of the Key Bye-Laws (78-84)
- Bye-Law 78(a): The society frames and adopts parking rules at its General Body meeting.
- Bye-Law 78(b): Allotment by committee on “first-come, first-served” basis; member has no right to sell or transfer allotted slot.
- Bye-Law 78(c): Restriction: A member cannot use more parking slots than allotted.
- Bye-Law 79: Society must mark and number parking slots/ stilt parking or open spaces so any inconvenience to any member.
- Bye-Law 80: Eligibility criteria: Member with vehicle eligible; normally only one slot; additional allotment only if unclaimed.
- Bye-Law 81: If eligible members exceed slots, the committee uses a transparent annual allotment process.
- Bye-Law 82: Member applies to the Secretary, giving vehicle details and the required procedure followed.
- Bye-Law 83: Member must pay parking charges for the slot allotted, irrespective of usage.
- Bye-Law 84: For other vehicles (two-wheelers, auto rickshaws), permission is required from the committee and payment of fees.
Smarter Parking Management by NoBrokerHood
NoBrokerHood is a community management platform that helps residential societies manage allotments, track occupant vehicles, generate bills and maintain transparency. For societies dealing with parking issues under their cooperative housing society bye-laws for parking, it offers tools like vehicle registration, parking slot mapping, and communication tools (notices, updates). This helps ensure that parking rules are visible and enforced, reducing friction among residents and supporting the managing committee with smooth operations.
All Solutions by NoBrokerHood
FAQs
No. Under model bye-laws and RERA, open or stilt parking spaces are common areas and cannot be sold separately as independent property units.
Yes. Bye-Law 83 states that the member pays for the allotted slot regardless of usage, at the rate decided by the general body.
Typically no. Bye-Law 80 states that normally a member can be allotted only one slot unless unclaimed slots are available and the general body allows.