Builder's Parking Policy Sparks Dispute in Mumbai Housing Society

The Maharashtra State Co-operative Appellate Court has granted interim protection to two homebuyers in a dispute with their housing society over parking rights. The court's decision comes after the Phase-1 society introduced a revised policy requiring all residents to submit their parking allotment letters.

A couple who purchased their flat directly from the builder. Maharashtra Co., in 2009 had painted their parking space with their allotted number. However, the society subsequently issued them a letter seeking an explanation. The dispute arose when the society attempted to reclaim the allocated spaces, citing the revised policy.

The Phase-1 society claimed ownership of the area where the couple parked their car. Meanwhile, the builder argued it was part of an open area proposed for a recreation ground in Veena Santoor Phase. This dispute highlights the challenges faced by homebuyers who purchased flats directly from builders.

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The court observed that the dispute involved multiple parties and conflicting claims over parking spaces and a proposed recreation ground. In 2024, the Maharashtra State Co-operative Appellate Court had also protected the parking rights of another couple after their housing society sought to take back the parking space allotted to them by the builder.

The court granted interim protection to the couple. Directing the Phase-1 society not to take any action affecting their parking space until the trial court determines ownership. The court's decision provides temporary relief to the couple but does not finally determine ownership or title over their parking space.

The trial proceedings are still ongoing, with a hearing scheduled for September 3, 2026.

The introduction of the revised policy has sparked controversy in the Phase-1 society, with some residents opposing the move. In 2008, another housing society in the same complex had also introduced a similar policy. This led to disputes over parking spaces and allotment letters.

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The court's decision highlights the importance of protecting homebuyers' rights, particularly when it comes to parking spaces. In 2026, the Maharashtra State Co-operative Appellate Court is expected to deliver its verdict in a similar case, which could set a precedent for future disputes.

The revised policy has also raised questions about the role of housing societies in managing parking spaces. In 2024, the Phase-1 society had introduced a 'First come, First Served' system, relying on byelaw No. 78(a) and (b).

This move has been met with opposition from some residents, who argue that it is unfair and discriminatory.