Builder gave homebuyer parking in 2008, society changed rules; what the court said
The Maharashtra State Co-operative Appellate Court has ruled in favor of two homebuyers whose housing society attempted to revoke their builder-allotted parking spaces. The dispute highlights the legal complexities regarding parking rights when housing societies introduce new policies after initial construction.
Why it matters
This case sets a precedent for property rights and the limitations of housing societies in overriding agreements made between builders and original buyers.
Your builder gives you parking space at the time of buying the house, but the housing society later changes rules. What happens then?In one such case, the Maharashtra State Co-operative Appellate Court has protected the parking rights of two homebuyers after their housing society sought to take back the parking space allotted to them by the builder, citing its plan to introduce a new parking policy.What the case is aboutThe dispute concerns a couple who bought a flat directly from the builder in Phase-1 of a housing project in 2009. At the time of purchase, they were allotted parking space No. GO/26.After the housing society was formed, it decided to introduce a fresh parking policy within a year, citing the fact that the available parking area had become fully occupied. The Phase-1 society introduced a ‘First come, First Served’ system by relying on byelaw No.
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