Car Parking space in common areas allotted by co-operative society
A co-operative society may allot basement or stilt common areas for parking of few members, if money has been fixed and a part is already taken by the society before allotment of flats to its members.
Criteria of Allotment
Only First come First Served method can be used for allotment of common areas.
Price of common areas space
The applicant is required to pay price fixed by Managing Committee and duly approved by general meeting of the Society held before allotment of flats to the members. After the allotment of flats, the price of the car parking space cannot be reduced and it can certainly be enhanced depending upon the decision of Managing Committee after approval of general meeting only.
Car Parking in common areas in open space of the Society
The general meeting of the society can make allotment of car parking space, provided it allots parking space to all the members equally. No discrimination can be made if a member is having car or not having car at the time of allotment of the car parking space. It is not essential to charge any price for such allotment and if at all any price is taken by the Society and later on it is found that the car parking space was required for other purposes e.g. fire fighting or greenery and has been erroneously allotted, the allotment shall have to be cancelled.
Issue of allotment letters
The society is required to issue allotment letters to every such applicant who has paid the full amount and had been found successful in the draw of lots by the Managing Committee.
Maintenance of car parking space
Car Parking space allotted out of common space is required to be maintained by the Society like any other common areas out of the common fund of the society.
Change in terms
No change in terms & conditions of allotment can be made by the Society once the allotment has been made until any of the term become contrary to the provisions of the laws and bye laws due to any amendment in laws.
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IN CASE OF ANY DOUBT OR ASSISTANCE REQUIRED, KINDLY LEAVE A COMMENT BELOW
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Even if on one member is charged for car parking in common areas, he can not contest on ground that all the owners have paid for common space . Reason being a particular member may be occupying common space for his car but he is also occupying the common space share of others within that parking space occupied by him and thus he has to compensate to others.
Have a query that requires to be sorted for the housing society I live in. I am the secretary to a housing society in South Mumbai , we have 58 parking slots for 56 flats in the bldg. There are several flats in the building which are vacant & some members who do not have cars. Hence several members are parking 2 cars in the compound. About 6 flats have been given out on leave & license. The older committee had set a rule of 1 car per flat which is quite fair & we are abiding by that. Now we have a few members who have more than one car & have started objecting to us providing 1 car parking slot to Licensees. They say licensees have no rights or what’s so ever on parking (even though we have a rule of 1 car per flat) & a flat owner who lives in the building has the right to park more than one car by taking away the licensees parking . Please advice.
I leave in Kolkata in a housing society where I own a flat. I have been allotted a car by my company for my use and I am parking the car in the parking space of the society. But the executive committee is asking me to pay higher parking charges applicable to outsiders car simply I don’t own the car. My question is whether they can charge me additional amount just for not owning the car. If yes to what extent
Please Advise .
1) Is car parking allowed in the open space of the building and how , we have 84 flat in our housing society , some having two parking and some none .
Also what is the requirement of parking rules for 2 wheelers . few flat have non and others have even 3 , two wheelers .
2) we have our flat facing the swimming pool with all the the kids screaming just opposite the windows . please suggest how to file legal case against the society and also managing committee has instentianally shifted the washing room changing room just opposite our windows . so please suggest a legal view
please suggest how to file a legal case against the managing committee for harresment to few membere
By not registering the declaration can the promoter sell the car parking. What is right of flat owner who did not purchase parking? If possible answer as per the 1987 apartment act Andhra Pradesh. If possible explain common areas and facilities definition of this act.
On this issue what is your opinion as per Dcs act and dcs rules