Parking Wars: Navigating the TNAOA 2022 and Reclaiming Your Rights in Tamil Nadu Apartments

In the bustling residential hubs of Chennai, Coimbatore, and Madurai, the "parking spot" has become the new frontier of urban conflict.For many apartment dwellers, the most stressful part of the day isn't the commute—it’s what happens when they pull into their own complex. From "spot stealing" to aggressive towing, parking disputes are among the most common sources of friction in multi-family housing. For residents of a mid-sized complex parking is no longer just a convenience; it’s a high-stakes legal asset. With the Tamil Nadu Apartment Ownership Act (TNAOA) 2022 now in full effect as of September 2024, the "rules of the road" within your compound have changed.

But where does the law stand when the lines on the pavement become battle lines?

➔  The Game Changer: Tamil Nadu Apartment Ownership Act, 2022

The new Tamil Nadu Apartment Ownership Act, 2022 (which repealed the 1994 version) has redefined "Common Areas."

●     The Definition: Under Section 2(i), common areas explicitly include "open parking areas" and "stilt parking."

●     The Rule: Because these are common areas, they belong to the Association of Apartment Owners (AOA) collectively. A builder cannot "sell" an open parking spot as an independent piece of real estate.

➔  Can a Builder Charge for Parking?

This is the most contested question in TN real estate. According to TNRERA (Tamil Nadu Real Estate Regulatory Authority) and various rulings by the Madras High Court:

●      Covered/Garage Parking: Builders can sell covered garages or basement spots if they are part of the sanctioned plan and explicitly mentioned in the Sale/Construction Agreement.

●      Open & Stilt Parking: These are generally considered part of the common amenities. The cost for these should ideally be included in the overall price of the flat. The Tamil Nadu Real Estate Appellate Tribunal has previously ruled that charging ₹1 lakh to ₹4 lakh separately for stilt parking is illegal if it’s treated as a separate sale.

Under the TNAOA 2022, if your builder "sold" you an open spot, that agreement is often subordinate to the Association’s right to manage common areas. Once you register your association, the power to allot these spots shifts from the builder to the Board of Managers.

➔    The Rights of the Tenant vs. The Owner

A common flashpoint in TN apartments is whether a tenant can park if the owner "didn't buy a spot."

●     Madras High Court Standing: The courts generally hold that parking is an incidental right to the enjoyment of the property. If you own or rent a legal flat, you have a right to a reasonable use of the common area for parking.

●     An Association cannot arbitrarily block a resident from parking while allowing others, unless there is a transparent, board-approved "Lottery" or "Seniority" system in place for limited spots.

➔   Resolution Pathway for TN Residents

If you are facing a parking dispute in Tamil Nadu, your recourse follows this hierarchy:

●     The AOA Bye-laws: Check if your Association is registered under the 2022 Act. Their bye-laws govern daily allotment.

●     TNRERA: If the builder has cheated you on parking promised in the brochure, file a complaint with the Tamil Nadu Real Estate Regulatory Authority.

●     Civil Court / Registrar of Societies: For disputes with the Association management regarding unfair allotment or "parking fines."

Under TNAOA 2022, parking is no longer a commodity builders can sell under the table—it is a collective asset managed by the owners. To secure your spot, you must move beyond informal "allotment letters" and ensure your rights are protected through a registered Association and legally binding bye-laws.