Car Parking space allotted by co-operative societies

Where ever the members plan to allot space to members and make their funds out of it, wherein the space is limited which can not be allotted to all the members, the co-operative society can make allotment to desiring members by making a scheme of allotment.

Where could be the space

Such a space could be under the stilt or it could be in the basement also. But one thing is sure that the space is not available for all the members. Another thing is also sure that it is not the open space.

How the price for the space is fixed

The price for the space is fixed by the Managing Committee and space is also fixed by the Managing Committee if required. There after an approval of the General Body meeting is taken before allotment.

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Criteria of allotment

The Managing Committee will make a criteria and get it approved from the general body meeting. There after  applications for allotment are invited from all the desiring member on or before a particular date. On receipt of applications, time and date is affixed / written on each application of the applicant member. A list is made according to applications received in order of receipt time of the applications.

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Issue of Allotment letters

Without referring to DDA (Delhi Development Authority) or RCS (Registrar of Co-operative Societies), the Society’s Management will draw the lots in front of all applicants, in a meeting of duly called Managing Committee for this purpose. The allotment shall be made on First Come First Served Basis, according to time of application received. The secretary of the Society is then required to issue the Allotment Letter on behalf of the Society mentioning the actual status of the area and also the terms of issue of allotment. If any of the term is contrary to the DCS Act or DCS Rules or Bye Laws of the Society, members can raise the objection and it is the duty of the Managing Committee that none of the terms of allotment are inconsistent to any provisions of laws and bye laws.

Reversal of decision of general meeting

Once the price fixed for the car parking space is paid and allotment letter issued, such an allotment can not be reviewed to be taken back or price revision or for any change in the terms of allotment until and unless any of the term becomes in-consistent with the laws and bye laws of the Society.

Sale, Purchase, Transfer of such space

Any member having Allotted Car Parking space can sell his/her car parking space to another member without selling the flat also. Alternatively, car parking space can be sold to any purchaser of the flat also. But the Agreement to Sell or Sale Deed has to be executed independent of flat from the Parking or along with the parking to be mentioned within the said document.

Intervention of co-operative society

A member is required to inform the Society of his intention to sell his car parking space to another member and the Society may issue NOC. The society is responsible to ensure that the purchaser is a member only. If a member sells his parking to non-member without procuring NOC from society, the Society will treat it as if no sale is made by the member.

Updation of record of the Society 

It is the duty of every member of the society to inform the society of the sale /purchase of Car Parking Space in the Society. On receipt of the information or application, the Society will scrutinize whether the sale/purchase is as per transfer rules and after raising / resolution of all objections will transfer the parking to the name of the purchaser and up-date the record of the Society accordingly and issue a letter of this information to the new allottee.

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6 Comments

  • Bala says:

    Should member own a car to park in society premises.

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  • Sandhya says:

    We were tenants in a building in mumbai since 1964. after it was redeveloped in 1997 the owner with the developer sold all the parking to the new purchasers and told us you will not get parking even if you were the old tenants. parking is full on first come first serve basis of which we were not even informed. Dont old tenants have some basic rights in redeveloped buildings?

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  • Milind Sarang says:

    Can a member in a housing society who has sublet his flat be eligible for car parking allotment? Which law/rule/judgement can be applied to prevent/allow the same?

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  • Pradip Bhave says:

    In our society, car parking is used for business purposes – i.e. ironing of clothes. Is this legal? If not, what action should be taken. We have already issued notice in writing duly signed by chairman/secretary and treasurer, but the business is carried on. Please advise.

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  • Inspite of repeated communicated, if society do not respond what could be the line of option remains in hands of the Members.

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  • Parag Mohite says:

    what is proof with member that parking belong to him ?? if anybody challange for Parking SPACE how member can prove that it belong to him

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