Open Space Car Parking Charges in Societies
Co-operative Group Housing Society
Open Space Car Parking Charges: Many members of co-operative group housing societies keep searching various legal personnel or the books to find answer to their one specific question.
“Can co-operative group housing society charge parking charges for open space parking in the society” ??
In other words can a society charge for parking cars in the common space of the society ???
Un-able to find specific answers, the members turn to GOOGLE and search for their specific answer. We on the other hand have researched thoroughly and have come to the conclusion that the Co-operative Society as such can not charge car parking charges on Cars parked in the Open Car parking space or in other words the common space of the society.
In one of the case one of the Society in east Delhi against which our Legal Advisor have filed a case has been charging on 2nd Car Rs.1500, 3rd Car Rs.2500, 4th Car 5000 and 5th Car Rs.200 per day/night. One will wonder, whether it is EMI of purchasing a Car or Car Parking Charges imposed by Society. The society has no answers to charge for parking charges imposed by it on the cars parked in the common space.
IS PARKING MAIN OBJECT OF FORMING THE SOCIETY ????
No ! Not at all. Then why the society is collecting money on the name of car parking charges when the members are parking their cars in the common space or open space ??
WHO MAKES THE LAW THAT SOCIETY CAN CHARGE CAR PARKING CHARGES ???
OK Society says that General Body is supreme and can make rules.
WILL RULES MADE BY SOCIETY BE IN TERMS WITH DCS ACT AND DCS RULES ???
Has to be. But which Act and which Rules says to charge car parking charges ???
The Society has no answers on such questions.
In fact, none of the co-operative society can charge any charges like car parking penalty or charges for parking the car in the common space or open space in the Society in undesired manner. Our Legal Adviser is already handling such cases against these.
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