By Legal Cell
Housing societies now cannot refuse parking to the tenants. Many housing societies were refusing parking to tenants even though the member/ owner of the flat have dedicated parking.
Maharashtra State Cooperative Appellate Court had decided in a matter Brgd. S S Kadan where a society situated at Nepeansea Road, Mumbai had denied a parking to the tenant of the Brgd S S Kadan.
The flat owner had a dedicated parking and as such, parking is a basically an amenity to the flat hence under Bye Law 78(B) parking must be allowed to the tenants, the Court observed.
“The society should not discriminate, as parking rules are governed by DC Rules and if the owner is eligible to get parking space, then tenant should also get the benefit of that space.
A comprehensive parking policy is defined under Development Control Regulation of Greater Mumbai. The rules are specifically have laid down the regulations of parking.
