Open Common Space cannot be reserved for Parking
WHAT IS COMMON SPACE IN RESIDENTIAL COMPLEX:
Open Common Space cannot be reserved for Parking: Common space in residential complex is that space which is kept for the men and material to move within the complex for the convenience of every one. This everyone includes the essential agencies like, MCD, DDA, Fire Dept, Disaster Management, roads, greenery and power house etc. The residents need to utilize a part of the space for parking of their 4 wheelers and 2 wheelers in such a way that movement of essential services are not adversely effected to the detriment of the residents. Therefore, it is evident that, if entire open or balance open space is utilized for Car Parking, it will not only effect ecological balance of the residential complex but also shall make a hindrance in effective provisioning of the essential services.
COMMON SPACE IN CO-OPERATIVE SOCIETIES ALLOTTED CAR PARKING SPACE:
In fact there could be 2 types of Common space in the co-operative group housing societies
(1) Covered Common Space Or Under Stilt Common Space:
This is the space, which can be utilized by the Society for specific purposes after leaving sufficient space for movement of Fire personnel and men & material. e.g. Making a small office of the Managing Committee, a maintenance store, a provision store, children indoor games, library, guest house, and function hall etc. In addition the covered common space Or Under stilt common space can be utilized to make a common fund by preferential allotment of Car Parking or 2 Wheeler Parking space. The members of the Society are giving preference to particular member to give him right to park his vehicle at specified space. In such a situation, the such a member has to keep in mind that it remains a common space with preference to him to use the space. Maintenance of this space shall be done by the CGHS / Society, as it does for other Common Space. No partition is allowed in such a space for the use of particular member. Common Partition like, store, office, play room is for common purpose, so it is allowed.
(2) Un-covered Common space Or Outside Stilt common space:
This space is understandable from the name of the space itself. This space can not be partitioned for any particular purpose except for greenery & passage. The space can be utilized for parking and the space can be marked to facilitate the vehicles to park in a disciplined manner.
CAN COMMON SPACE UNDER STILT BE ALLOTTED
Yes the Society can allot the space to a particular flat after taking suitable amount for giving preferential treatment promise for ever. If the Society wants, it can make it quarterly, monthly or daily basis preference use for any matter including parking. It is subject to proper management of the system. Therefore, the best is to allot it permanently. Whenever it is allotted permanently, the allottee of such space can only be a member of the Society and when he want to sell his flat, he need to sell the space separately. Most importantly, the transfer in the next name involves only in the records of the Society and not the Registrar where you register the property.
IF PARKING SOLD AND PURCHASED IS MENTIONED IN THE AGREEMENT
It may be noted that even if the parking space (under stilt) is mentioned in the agreement, it will not be legal transfer because the person is not lessee. The Society is lessee.
CAN COMMON SPACE CAR PARKING BE ALLOTTED
No. Any parking in common space cannot be allotted to any member or any resident. No division of common space in the open space can be kept reserved for any one to utilized. It has to be used on First Come First Served basis.
INDIAN AIRLINE CO-OPERATIVE GROUP HOUSING SOCIETY LTD
It has been brought to our notice that, this Society had allotted under stilt space in 12000 around 17 years back and out stilt space in 8000 around 17 years back for those who were having cars at that time. Others did not need a Car Space. As more and more members started having cars, the space become scarce and problem arose for the managing committee to manage the common space. The Managing Committee came up with a scheme to take Rs.2 Lac from the members for allotment of Car Parking in the Open Space. Few members agreed and few did not agree. You cannot find any such case previously any where but the law need to be interpreted.
Due to disagreement between those who do not want to reserve space by paying 2 Lac and those who want to implement this scheme arose and the skirmishes reached the Police Station. Two members of Indian Airlines Co-operative Group Housing Society Ltd approached our Legal Experts and they have filed a legal case before the Registrar of Co-operative Societies, Sansad Marg, New Delhi on 9th June, 2014.
Due to severe mis-understanding and dis-agreements a criminal case has also been filed against the Society and also against the Hony Secretary by a member.
We are not giving more particulars to not to render the matter sub-judice but we will certainly publish the order and judgment of the Case in our web site.
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