Car parking management is one of the most important aspects of housing society management. Once a society is formed and registered, certain rules and regulations need to be laid out. Maharashtra Government has also laid out detailed regulations regarding car parking sale and management in certain clauses of its Maharashtra Ownership Flats (MOFA) Act. This is to assist societies in chalking out their housing society management rules. This is also to provide legal solutions in case of disputes.
In this post, we will discuss the sections of MOFA that regulate the car parking management of housing societies. For a software-based 360-degree parking management solution, click here to get a free demo of CHSONE.
So, what is MOFA?
MOFA stands for Maharashtra Ownership Flats Act. The Act received the President’s assent in 1963. It has been laid with the aim to regulate the promotion of construction, sale and management, and transfer of flats on ownership basis, in the state of Maharashtra.
Parking rule as per MOFA:
MOFA allows residential housing societies to frame and lay their own rules and regulations related to the management of car parking within their premises. However, the basic obligation is to enquire about the details of the vehicle including the certified copy of the RC book along with the application form. For ease of verification and faster movement, housing societies can make stickers that can be stuck to the windscreen of the car.
The policy of allotment:
Section 78 of MOFA covers the policy of allotment of the parking spaces and stilts. The allotment of the parking spaces and stilts, that are unsold and available, are done by the housing committee on the basis of ‘first come, first served’. The members don’t hold the right to transfer or sell the allotment done by the committee.
Section 79 of the Act, lays further restriction on the usage of the parking spaces and stilts stating that no members are allowed to use parking spaces or stilts more than what he/she has purchased or is allotted by the committee.
Marking of parking spaces:
Section 80 of MOFA states that any parking space available should be well-marked to avoid any chance of inconvenience and dispute. Members are required to abide by the allocated parking space number and its boundary. Further, it also reinstated that the boundary marked should be enough to conveniently park the vehicle and should be served by a driveaway connecting to nearby streets or roads.
Eligibility of getting an allotment of parking space or stilt:
Section 81 of MOFA discusses at length about the eligibility of getting allotment of parking space(s) and/or stilt(s).
A member seeking allotment of parking area should own a motor vehicle, which precisely sums up that the allocated space should not be used in any format other than parking vehicles. One member is eligible for only one parking area either open parking space or stilt. However, in case there are non-allocated parking areas available, a second or third allocation can be made by the housing society committee, but on a year-to-year basis. However, in case a member who hasn’t been allocated even one parking unit, either open parking space or stilt, makes an application, such second, third allocations can be canceled.
Elaborating a bit further, section 82 of MOFA states that in case a housing society has more number of eligible members than the available parking spaces or stilts, the housing management committee shall allocate such parking areas by “lot” on a yearly basis.
Section 84 talks about parking charges. All members, allocated with a parking space or stilt are required to pay an annual parking charge as per the amount decided by the general body meeting of the housing society.
So, as we noticed so far, the management of parking spaces in a housing society by itself poses a full-wing task. From verification of the vehicles to allocation/reallocation to levy of charges and collection, it’s a tedious task requiring meticulous attention.
However, technology is a boon for this age. In CHSONE, a 360-degree solution for housing society management, we have incorporated a separate and full-fledged parking management module, that streamlines the steps and tasks of parking management much to your relief. You can now request a totally free of cost demonstration of CHSONE software at your convenience. Click here to request your free demo now!