Visitor Parking in Maharashtra Housing Societies: What the Law Actually Says

Walk into any managing committee meeting in Mumbai or Thane and visitor parking will come up within the first ten minutes. A member's relative parked in the visitor slot all week. A guest was refused entry by the watchman on committee instructions. A notice went up announcing Rs. 50 per hour for visitor vehicles. Tempers flare, WhatsApp groups explode, and nobody is quite sure what the law actually permits.

This article sets out the full legal framework — the Development Control Regulations, the MCS Act, the Model Bye-Laws 2014, and what managing committees can and cannot lawfully do with visitor parking in a co-operative housing society in Maharashtra.

1. Visitor Parking Is a Statutory Obligation, Not a Courtesy

The first thing to understand is that visitor parking is not something a housing society graciously provides — it is a legal requirement built into the building approval process.

Section 36(2) of the Development Control Regulations (DCR) 1991 applicable to Greater Mumbai makes it mandatory for every residential building to reserve space for parking visitors' vehicles. The Brihanmumbai Municipal Corporation will not issue an Occupation Certificate to a building that does not meet the visitor parking requirement. Put differently, if your society has an OC, visitor parking was a condition of getting it.

The original DCR 1991 prescribed the following minimums:

Location	Visitor Parking Required
Island City (Mumbai)	25% of total parking capacity
Suburbs (Andheri, Borivali, etc.)	10% of total parking capacity
Thane, Navi Mumbai & rest of Maharashtra (UDCPR-2020)	5% of total parking capacity

The Unified Development Control and Promotion Regulations 2020 (UDCPR-2020), which apply to Thane, Navi Mumbai, Pune, Nashik and most planning authorities outside Greater Mumbai, mandate 5% of total required parking as visitor parking. The BMC's current enforcement position for newer buildings in Mumbai also references a minimum of 5%.

What this means practically: A 100-flat building in Thane with 100 parking spaces must reserve at least 5 as visitor parking. That designation is not the committee's to undo — it was a condition of the building permit and OC.

Receiving handover from the builder? Verify visitor parking first.

One of the most common oversights at builder-to-CHS handover is accepting possession without verifying that the required visitor parking slots are physically demarcated, accessible, and unencroached upon. Once the handover is accepted, recovering these spaces from a builder who has let vendors or equipment occupy them becomes a protracted legal battle. Puranik & Associates provides end-to-end Society Handover from Builder services — including parking verification as part of the pre-handover checklist.

2. Who Owns Visitor Parking — and Who Manages It

Under the MCS Act 1960 and the Model Bye-Laws 2014, all open, stilt, and covered parking spaces in a co-operative housing society are common property of the society. No individual member owns them — even if the builder issued a separate parking agreement at the time of purchase (which the Supreme Court has repeatedly held to be of no legal effect for CHS buildings).

The Bombay High Court confirmed in its February 2026 ruling that parking spaces do not qualify as "flats" under Section 154B(1)(13) of the MCS Act, and that purchasing a parking space alone confers no society membership. This reinforces that parking — including visitor parking — is a common amenity, not a private asset.

Bye-Law 79 of the Model Bye-Laws 2014 requires the society to number and demarcate all stilt and open parking spaces so that members are not inconvenienced. The committee is responsible for ensuring parking is used only for its allotted purpose. Visitor parking slots must be marked as such — and the committee must enforce that designation, not exploit it.

3. What the Managing Committee Can Legally Do

The managing committee has genuine authority to manage visitor parking — but within defined limits. Here is what is lawfully permitted:

Designate and mark specific slots as "Visitor Parking" with clear signage
Maintain a visitor vehicle register at the gate (date, flat number, vehicle number, time in/out)
Issue a visitor pass or token through the watchman
Set a reasonable time limit — e.g., a maximum of 24 to 48 hours for overnight stays
Restrict heavy commercial vehicles from visitor parking areas
Take disciplinary action against members who habitually occupy visitor slots with their own vehicles
Pass a resolution at AGM/SGM specifying the visitor parking policy and enforcement procedure

4. What the Managing Committee Cannot Legally Do

This is where most disputes arise — committees overstepping their authority in ways that look administrative but are actually unlawful:

Charge any fee or levy for visitor parking — this is not permitted under the MCS Act or Bye-Laws
Deny entry to visitors' vehicles and ask them to park on the public road
Convert designated visitor parking slots into permanent member allotments
Permanently allot or "sell" visitor parking slots to any member
Selectively allow visitors of some members while blocking visitors of others
Ask visitors to pay a deposit or obtain prior committee approval for routine visits
Remove the visitor parking designation without a valid General Body resolution

On visitor parking fees specifically

Maharashtra Society Rules 39 restricts the grounds on which societies can raise funds. There is no provision — in the MCS Act, the Model Bye-Laws 2014, or the Society Rules — that authorises a committee to charge visitors for parking. A committee that does so is collecting money without legal authority. Members affected by such charges can contest them before the Deputy Registrar or claim a refund through the dispute mechanism under Section 91 of the MCS Act.

5. Six Common Disputes — and the Legal Position on Each

Members parking in visitor slots permanently

A member with a second car (or a tenant with an unallotted vehicle) begins using the visitor slot daily. The committee has full authority to issue a notice, and if the violation continues, to refer the matter to the General Body for action under Bye-Law 168.

Committee charging visitors Rs. 50 per hour

This is illegal. No provision in the MCS Act, Model Bye-Laws 2014, or Maharashtra Society Rules 39 permits the committee to levy visitor parking charges. Any such collection without a statutory basis is recoverable by the member or visitor as an unauthorised charge.

Security denying entry to visitors' vehicles

DCR Section 36(2) mandates that societies allow visitors' vehicles inside the premises and provide them parking space. A blanket ban on visitor vehicles entering the compound directly violates this provision and can be challenged before the Deputy Registrar or in Court.

Tenants' guests refused visitor parking

A tenant (licensee) has derivative rights from the member. Refusing parking to a tenant's visitors while permitting owner-members' visitors is discriminatory and not supported under MCS Act principles of equal treatment of members and their licensees.

Visitor slot converted to paid parking by committee

Some committees offer visitor slots to members for a monthly fee, effectively privatising what is a common amenity. This is ultra vires — the committee cannot permanently reallocate visitor parking without a valid General Body resolution, and even then, the DCR-mandated minimum must be maintained.

Overnight visitor parking disputes

A member's relative staying for a week leaves their car in the visitor slot continuously. The committee may set a reasonable overnight limit (24–48 hours) by AGM resolution, but must communicate and enforce it uniformly — not selectively against specific members.

6. Practical Steps: What Members Can Do

If your committee is mismanaging visitor parking — whether by charging fees, denying access, or converting slots — here is the correct escalation path:

Written complaint to the Secretary

Put your grievance in writing and request a written response within 7 days. This creates a paper trail and often prompts committees to reconsider decisions that lack legal backing.

Place it on the AGM or SGM agenda

Any member can request a matter be placed on the agenda. A Special General Meeting can be called if 1/5th of members or 500 members (whichever is less) sign a written requisition. A General Body resolution on visitor parking policy is binding on the committee.

Dispute under Section 91, MCS Act 1960

If the committee refuses to act or the problem persists, file a dispute application before the Deputy Registrar, Co-operative Societies. The Dy Registrar has authority to direct the committee to comply with the law and to set aside ultra vires decisions.

Writ petition to the Bombay High Court

In cases where fundamental rights to access or property are at stake — such as a blanket ban on visitor vehicles that leaves members functionally isolated — a writ petition is a legitimate remedy. Courts have been willing to intervene in egregious cases of committee overreach.

7. A Note for Managing Committees: How to Get This Right

Most visitor parking conflicts arise not from malice but from committees trying to solve a real problem — too few spaces, members abusing visitor slots, late-night arguments in the compound — without knowing the legal boundaries. Here is a compliant approach:

Pass a formal Visitor Parking Policy at the AGM — specifying designated slots, time limits, the visitor register process, and the consequences for members who occupy visitor slots.

Install clear signage at visitor parking slots with the society's name, the slot number, and "Visitor Only — Max 24 Hours".

Brief security staff on the policy and give them written instructions — they should log every visitor vehicle, not turn them away.

Address members who misuse visitor slots through the warning-and-fine process under Bye-Law 168, rather than ad hoc confrontations.

Never announce or collect visitor parking charges — redirect the energy toward recovering costs through the legitimate maintenance charge structure approved at AGM.

Key Takeaways

→ Visitor parking is a DCR-mandated common amenity — not a committee discretion.
→ Mumbai island city must reserve 25% of parking for visitors; suburbs 10%; Thane/Navi Mumbai and UDCPR areas 5%.
→ Charging a fee for visitor parking is illegal under the MCS Act — no provision exists for it.
→ Denying entry to visitor vehicles breaches Section 36(2) DCR 1991.
→ Committees can manage visitor parking through a documented policy, time limits, and a visitor register — all passed at AGM.
→ Members can escalate misuse to the Deputy Registrar under Section 91 MCS Act.

Frequently Asked Questions

Can a housing society charge visitors for parking in Maharashtra?

No. Charging a fee for visitor parking is not permitted under the Maharashtra Co-operative Societies Act 1960 or the Model Bye-Laws 2014. Maharashtra Society Rules 39 does not provide for such a levy. Any committee collecting visitor parking fees is acting without legal authority, and the charge can be contested.

How many visitor parking spaces is a housing society required to provide?

Under DCR 1991 (Greater Mumbai), residential buildings in the island city must reserve 25% of total parking for visitors; in the suburbs, 10%. The BMC currently enforces a minimum of 5% for visitor parking as a condition for the Occupation Certificate. Under UDCPR-2020 (applicable to Thane, Navi Mumbai, and most of Maharashtra outside Greater Mumbai), 5% of total parking is mandated for visitors.

Can the managing committee deny entry to visitor vehicles?

No. Section 36(2) of DCR 1991 makes it mandatory for societies to allow visitor vehicles inside the premises and provide them parking space. A committee that instructs security to turn away all visitor vehicles is in breach of this statutory obligation.

Can visitor parking slots be permanently allotted to members?

No. Visitor parking is a common amenity designated under the development control regulations. The committee cannot permanently convert or allot these slots to individual members. Doing so would reduce the visitor parking below the legally mandated minimum and expose the committee to liability.

What can I do if my committee is misusing visitor parking?

First, send a written complaint to the Secretary asking for a response within 7 days. If unresolved, place the matter on the AGM/SGM agenda. If the committee still refuses to act, you can file a dispute before the Deputy Registrar, Co-operative Societies, under Section 91 of the MCS Act 1960.

Educational purpose only

This article is intended for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws, rules, and bye-laws applicable to cooperative housing societies in Maharashtra are subject to change. Before taking any action based on the information in this article, readers are strongly advised to consult a qualified legal advisor or housing society consultant familiar with the specific facts of their situation.

Need help with parking — or the entire handover?

Puranik & Associates helps managing committees in Thane, Mumbai, and Navi Mumbai draft compliant parking policies, resolve member disputes, and accept builder handovers without leaving anything on the table.

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