What we can learn from MOFA rules for car parking?
Maharashtra Ownership Flats Act (MOFA) rules for car parking in housing societies.
With growing number of vehicles, car parking has become a common problem in almost each city. With the average number of cars per household growing in the last decade, parking problems are found to be a big headache for housing societies and their members. There are a lot of misunderstanding, complaints and accusations exchanged between members and housing societies when it comes to parking woes.
The Maharashtra Ownership Flats Act (MOFA) rule for car parking is perhaps the first such law which clearly lays down guidelines to remove any parking related disputes. Each housing society can draft a personalized parking act on the lines of the Maharashtra Ownership Flats Act (MOFA) rules. Here are the basic guidelines of the Maharashtra Ownership Flats Act (MOFA) rules for car parking.
Parking Rules
As per the Maharashtra Ownership Flats Act (MOFA) rules for car parking, residential housing cooperative societies can frame parking rules as per their constitution. RAW’s must ask for details of the vehicles to be parked including a certified copy of the RC book along with the application form. The society can allow a sticker to be placed on the front glass for all successful applicants.
Policy of allotment of parking spaces
The Policy of allotment of parking spaces as per the Maharashtra Ownership Flats Act (MOFA) rules is covered under section 78 of the Act. As per the MOFA guidelines, the allotment of parking space shall be made by the committee on the basis of ‘first come first served’ for all unsold and available parking spaces.
Applications for Allotment
All applications for allotment of stilts or parking spaces come under section 83 of the Maharashtra Ownership Flats Act (MOFA). Any member seeking a parking space or stilt must make a formal application to the society secretary. All applications received must be processed as per the bye law laid down under the Bye laws no 65.
Eligibility for allotment of parking spaces
The eligibility for filing an application for a car parking slots covered under Section 81 and Section 82 of the Maharashtra Ownership Flats Act (MOFA). Under section 81, the member filing for a parking slot must be the rightful owner of the vehicle. No member shall be allotted more than one parking slot for a single vehicle. Allotment of second or third parking slots can only be made on a year to year basis depending on the availability of excess parking slots.
Payment of charges for parking of vehicles
All payment related to car parking charges are laid down under Section 84 of the MOFA Act. Every member who has been successfully allotted a vehicle parking slot needs to pay the annual parking charges to the society as per the prescribed rates as finalized by the general body meeting of the society.
Restrictions on Parking Areas
As per the Maharashtra Ownership Flats Act (MOFA) rules, no member can cover a parking stilt and it has to remain an open space. The open parking spaces are not included in the FSI calculations.
Commercial use of Garage
The Maharashtra Ownership Flats Act (MOFA) rules has laid out clear guidelines for parking space to be reserved for private vehicles only. The garage allotted for car parking cannot be used for commercial purpose except with the permission from the Bombay Municipal Corporation.
