The Bombay High Court has clearly said that buying a parking space or basement area does not automatically give a person the right to become a member of a cooperative housing society.Many societies face disputes where someone who has bought a parking space, basement, or similar area claims society membership. This judgment clears that confusion.

Facts in This Case

A person bought a basement and parking area through a registered sale deed and applied to become a member of the housing society.The society did not reply to his application within the required time. Because of this, the buyer claimed that he had become a “deemed member” under the law and approached the authorities.Initially, the Appellate Authority agreed with him and ordered the society to give membership. The society then challenged this decision before higher authorities, saying that a basement and parking area are not flats.

Main Question Before the Court

Does buying a basement or parking space—especially when it is not part of the approved building plan—give a person the right to become a society member?

What the Court Explained

The Court made the law very clear in simple terms:

• • A housing society member must own a flat, not just any space in the building.

• • A flat means a proper unit shown in the approved (sanctioned) building plan.

• • Parking spaces and basements are usually common areas, not independent flats.

• • Even if there is a registered sale deed, it cannot change a parking or basement into a flat.

• • The rule of “deemed membership” applies only if the person is otherwise legally eligible.

• • If the law does not allow membership for that type of property, silence by the society does not help.

The Court also noted that in this case, the basement and parking were outside the approved FSI (the officially permitted construction area), which made it clear they were not independent flats.

Final Decision

The Bombay High Court agreed with the society and rejected the membership claim. The Court said the society was right in refusing membership because the buyer did not own a flat as required by law.

What This Means for Housing Societies

This judgment is very useful for societies and flat owners:

• • Buying only a parking space or basement does not make someone a society member.

• • Societies can legally refuse membership if the property is not a flat in the approved plan.

• • Deemed membership cannot be misused. It does not apply to ineligible properties.

• • Societies should always check the approved building plan and property type before granting membership.