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 ???

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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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14 Comments

  • Monika Sengupta says:

    Few days back two children scratched my car when it was parked in the society’s premises. I informed this to the society but society has given a reply in writing that this is not their liability, nor of the security agency and nor the parents of the children are liable and we have to suffer on this because society is not charging any car parking charges. We have open car parking and though society is not charging anything for car parking but they are charging security charges in maintainence charges. My society is registered in Maharashtra cooperative housing society’s act.

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  • Monika Sengupta says:

    I am sending you the required form by e mail. I want to know that in this case is the society liable for bearing the expenses on repairs of damage or not? Managing Committee of my society is not co-operating with me on this. Now what I can do on this?

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  • Yogesh Dhayfule says:

    Hello you are awesome site with very clear information. But unfortunately I am not able to find my answer yet. My Question is: In my society located in Mumbai suburb area Open parking slot are allowed to the all member on the rotation basic. This has been discussed and passed in the AGM. so as per the rotation every member has to park there vehicle outside the society premises for 1 month on rotation basic. I bought the new car last month for which i wrote the application letter to society to allot me the parking space. But no written reply has been come from last 15 days. In the same time one of the member has allow me to park vehicle inside on behalf of him while his vehicle has went to the garage for 20 days. For which society has charge me the penalty for Rs.100 per day basic this amount comes to around Rs. 1000. the reason being not informing them in written. No matter. But dose the society has any rights to charge me such a penalty without informing me. Do they have any rights to pass any silly rules in AGM. I am pretty unhappy with this decision by the society. Please help me on this.

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  • Yogesh Dhayfule says:

    Thank you for you prompt reply. I really appreciate. 1. So there is no hold or limits for the penalty charges. Like non-occupancy charge should not more than 10%. 2. And i also read some where that they required the Municipal corporation and Fire Brigade permissions allot the parking space to others members also while as per the society project plan this open space is not for the parking…

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  • Krishanlal Bhatia says:

    I am staying in Hydepark Galaxy co-op. society and I took up the matter of car parking charges in view of Arbitrator judgment of 04.03.14 and it is told to me that it is not binding on the co-op. hsg. societies in Maharashtra.Pl. enlighten

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  • Vinod Kumar Sharma says:

    The land is allotted to the Society by D.D.A. on lease hold basis. The owner of the Flat get the Flat Free hold and in the Conveyance Deed area mentioned is of flat, as such the common area belongs to the societ, which consist of green area, stilt parking area if there is any and roads around the flats within the premises of the Society.

    GREEN AREA is mandatory as 33% of the total plot area as such it can not be used as parking and parking there is violation of law and M.C is with in power to get such vehicle towed out from the Society.

    ROAD AROUND PERIPHERAL there has to be clear seven meter road around the peripheral of the Society for passing of Fire Tender in case of Fire and this road should be clear always and no parking is allowed there. This is statutory requirements and falls upon M.C.to maintain such mandatory requirement. M.C. or for that matter any authority legal or otherwise can not allow parking there, so the question of charging any money for parking in that area does no arise as parking itself is not allowed in such area.

    STILT AREA can be used for parking and every Flat owner is authorised to park there. Please note that Supreme Court has already given verdict that parking in the CGHS can not be sold thought the Flat owners are facilitated with one parking and this is the reason nothing is mentioned in the Conveyance Deed regarding Parking. As a matter of statute no parking space should be demarkated in the stilt area for parking cars for any Flat owners and it should be o first come first serve. In case there are 100 flats and there are 90 parking available in the stilt area then balance area for 10 parking has to be demarkated in the remaining area, but it can not be reserved for Flat owners and parking there is also on the first come first serve basis

    As such there will be no area left for parking more than one car, if any Flat owner has more than one car he should make own arrangement for parking that car.

    The basic idea of CGHS is to facilitate housing on affordable basis, then a person who can hardly afford one Flat how can afford 2, 3 or 4 cars and if he can afford so many cars he has the capacity to pay Parking Charges.

    Though there is no written laws for charging parking charges by the Society in Act and Rule at the same time there is no written law that Society can not charge for facilitating parking of more than one car under such circumstances it is left to the majority views of members, who have given the authority to M.C. to deal with the matter and if such resolution is passed which is better by the RCS, then Society can charge

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  • Vinod Kumar Sharma says:

    Your views does not matter. What are the views of court has been reserved in the judgement. It is beyond doubt that individual have gone to high Court against the judgement given in favour of Society as such views of D.C.T./F.C. are in favour of Society further matter can only be analysed if the copy of petition, reply, rejoinder, arguments, counter arguments along with judgement of D.C.T./F.C. is also given on my E-mail

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  • hemal ganatra says:

    society cannot collect car parking deposits interest free . Such society bearers should be put behind bars . i have started a fight against my society where in spite of having court orders in my favour as well as society favour, and even appeal in my favour, society members are working in collusion with builders as they were fooled by builders and now society members are against me. all will go behind bars as outside building there is no parking and whatever 3 -4 parking are available are grabbed by some members for their unusable scrap vehicles. it is krushal towers on g m road chembur.

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  • zameer ahmed says:

    I stay in santacruz west mumbai, in our society there are 60+ parking in basement (purchased by members) 6 stilt parking and around 18 parking in open space area…
    Since chairman & secretary holds car paking in basement the charge only 200rs for car park in basement & stilt…whereas in open space they firstly charged 500 now charging 1500…even if all 18 members object for high parking charges they will always have the majority.. they don’t want to listen..plz help.

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  • What is rule for parking in front of society on road in Mumbai. Who is having first right RESIDENCE, shop owner, other than two category or none of them.
    Where shall RESIDENCE of society shall park their vehicle.is there any rule or guidelines from RTO. Specially when cars are more and limited parking space in society.

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  • Dear Sir, No doubt that the Group Housing Society can not charge car parking in the open space or common are from the members or resident of flats. But recently High Court Judgment stated that car spacing be given one car per flat, as the society is charging maintenance charges equally per flat of same area. but many members and resident are having more than one cars say 2, 3, 4 and it is difficult to accommodate in limited open space and common area in the premises of the society and they extra number of cars are using more space and causing problems to those flat owners who have single car only. Further the society has to incur extra costs on the wear tears of lanes or roads inside the society as well as spreading more pollution to the premises. Under these circumstances, what is the solution for the helpless and aggrieved management society and members who have single car and paying same amount of monthly maintenance charges to the society. Please advise management committees accordingly to bring harmony and equalization.This types of problems are being faced by many Housing societies in Delhi or elsewhere in the Country Rgds.

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  • PRAMOD JUNEJA says:

    Dear Sir,

    A CGHS Ltd., IPEX, Delhi in its MC meeting on 26.03.2017 has levied parking charges for 2nd/3rd/4th and 5th car respectively owned by the member. Can MC do so ? if not what action can be taken ?

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  • PRAMOD JUNEJA says:

    Sir, Thanks for your sincere advise. In fact the MC in its meeting dated 26.03.2017 has proposed Car entry fee on 2nd/3rd/4th/5th car to be applicable soon. It seems it in the grab of car parking charges for members having more than one car. Can MC propose such an Entry fee and is MC has such powers ?

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  • RAJ ATHYALA says:

    Am staying in a rental apartment at Andheri, as per society rules tenants will not get parking in side the society and so am parking the car since last 2 years outside the BLDG, NOW SUDDENDLY the federation of the society has posted banners stating every 4.hours, am I liable for paying them.

    Can MC refuse parking space to tenants

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