Parking at owner’s risk – a warning by co-operative society

It is observed in almost every co-operative housing society that a Warning Board or a Notice Board has been placed at parking places

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PARKING AT

OWNER’S RISK

VEHICLE AND CONTENTS

ARE LEFT ENTIRELY

AT OWNER’S RISK

Such a warning notice put up by the Managing Committee of the Society works wonders for all those who are to park their vehicles in the premises of the Society. Whether residents or non residents of the Society will secure their vehicles and check contents and lock arrangements have been done by them as the risk is of the owner.

But this is entirely the option of the owner of the vehicle to look from a different angle. Society parking are managed parking. Once the Society allows any one whether a resident or a non resident, to park their vehicle in the society, it makes itself responsible for theft of articles, breakage of vehicle parts or the theft of entire vehicle.

If the society or a plot is private land and is allowing others to park their vehicles but not charging any money and not having any gate to regulate the entry/exit of vehicles, only in that case the owner of the land is not responsible for loss of vehicle or loss of articles lying in the vehicle.

In case of a Society, the Society has charged money from the members and therefore the society management or managing committee is solely responsible for vicarious liability if the vehicle or articles on the premises are lost.

In case a co-operative housing society want to make themselves protected from such liability, they have to take a insurance policy for their vicarious liability from any General Insurance Company.

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10 Comments

  • vijay khanna says:

    Sir, i am having difficult time with my society. managing committee is making rules faster than the egg laying capacity of hen. As far as i know, rules are framed only at general body meeting and that too with valid reasons. First i want to know the number and location of rule in society by laws that prohibit MC from making rules, second that paid parking is extra from free parking space.

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  • Vijay khanna says:

    Bye laws of my society? where are they? I am not sure whether bye laws are common to all societies or every societies have own set of rules. also i want to know if through, GBM they formulate their own laws, are they have to be approved by the Registrar?

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  • Vijay khanna says:

    Sir, i am a member of Coop Society but i do not remember they ever circulated such bye laws. i will however ask for a copy of it. Anyway thanks a lot for prompt and appropriate replies.

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  • Madhuja V says:

    We have a society of 24 buildings. There is limited parking space available given by the builder free of cost and the same are allotted to members who have owned a car for long. Others who have bought cars later have to park them on road. This is risky as there have been instances where cars or car parts have been stolen when watchmen are posted everywhere. The society has been turning a deaf ear even after repeated complaints not taking any action even against the security staff. Please guide me.

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  • madhuja v says:

    What is Beneficiary of the trust? Also, in a general body meeting 2-3 years back it was decided that people should apply for parking and society stickers would be given to such members to put on their cars. Only such cars are allotted places and are let inside the society gate. So now people who have bought cars later have to apply for parking places and thus we are 80th in the queue. Can u still help me in any way?

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  • Savita Hebbale says:

    This is a wonderful website and provides useful information and courage to resident owners who are harassed by a group of “friends only” mc s who get elected because the attendance in AGM is not even 20% .They bring in arbitrary laws and rules to favour a few and harass a few and numerous complaints in the complaint register are neither addressed nor replied to. I have been one such resident who has had to put up with arbitrary decisions of the MC and have suffered damage to my flat due to the non cooperation of mc.They have also withdrawn a security guard from a post that had been in place since the builder handed over the maintenance to owners 12 yrs back.After receiving no response from the committee regarding complaints in register, or otherwise, I sent a legal notice to be replied within 5 days.They requested 15 days time and replied back in false and frivolous statements, blaming me for having numerous complaints and wasting their time.Meanwhile there were attacks on my property in the form of drilling screws in my wall on the pretext of fixing a tube-light without my knowledge.My car tyres used to be deflated regularly and I was threatened to be thrown out of the building fro having sent a notice. I lodged a police complaint and the whole gang of 20 mc members and other influential people from the complex came and spoke to the inspector.Yet they were not ready to admit anything or frame rules to avoid damage to anyone’s property. They gave a conditional undertaking at the PS stating they would “prevent unintentional damage to my property.” Even as we returned from the PS and entered the bldg, a truck was reversing at the same point, leading to a threat of hitting my wall.There are 2 alternate ways for trucks to reverse which doesn’t cause harm to anyone’s property.
    We have a yahoo group membership and they have chosen to hide all the members’ email ids , so we are not able to contact each other or even know who the owner and moderator are. Our mails might be going to hackers/ scammers/ anti-social elements. They have called an ambiguous meeting (through e-mail) tomorrow without circulating the agenda or sending the notice door to door.They might be instigating people against me. KIndly let me know whom to approach under such conditions for speedy redressal to my problems.Can i sue them for damages and claim my legal fee ?

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  • I have a scooter parked in the society, the seat of which was teared off completely. The night watchman said that the dogs did it, which is apparently not seeming to be the case. Moreover even if the dogs did it, he claims to see and still do nothing to prevent.

    The society management replies we put a notice parking at owner’s risk. We pay monthly parking charges to the society. My contention was to recover the negligence charges from the security company as the watchman was sleeping on night duty and give relief of the charges to fix the same to us.

    Even on the duty to keep the dogs out of the society, the society says it is not the duty of the watchman to keep them out.

    Kindly advise on the course of action for a prompt action to be taken on the same

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  • Ketan Shah says:

    I, ketan Shah am a Chairman of Society, in Ahmedabad – Gujarat.
    Is managing committee is responsible for any theft of vehicle from common parking area of the society? We are not charging any payment from the members of the society. Please reply sir

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  • g b singh says:

    The MC of the Shivani CGHS Ltd Dwarka is working without president of the society for the last more than 2 years. In his absence the committee authorized vice president to work in addition as president too of the society without election. Some members verbally pointed out the MC to declare election of the president but the MC is reluctant not to do so. Working on two seats by the VP is also an illegal act. Please let us know can a committee legally exist without president of the society? Thank you

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  • Jagruti Parikh says:

    I leaving at Dombivli in Co.op.Society -ground floor-We are facing too much problems from society committee members- In our society we have no parking space – every member or rental members or guest all r who having vehicles are parking with out any distance to my every wall because i m leaving at ground floor and from all side i have parking too near my window balcony- we are facing too much noise air pollution we have kitchen *at that window also society allowed parking

    not only parking any society member having repairing works all garbage cement sand rabbit-are keeping at near our windows balcony we made complaint to secretary or committeee members they replied that if u are leaving at r,floor u have to face- ok we are ready but -they must not do kachara patti over their- we made complaint to munciple corp.-they co.operate and fine society for 5000/- and gave notice-
    Our nagar sevika made small green lawn and keep plants their that no one will make parking or kept garbage or rabbit over there-
    Its only for one year after that society make complaint to corp.that due to that plants we have insects problems and by permission with they remove all plants and after that they give that space for parking-and again for keeping rabbit-

    Sum days before society make repairing work -at that time all dranage line rabbit kept 8-10 days as it is near to our balcony windows we have 97-flats think so many rabbit that contractor kept there for 8-10 days for that when i request him to clean it every day- he angry with me and stop his work- and said to committee member that if that lady say me sorry than only i will start my work- she must give me in writing that she will not disturbed in my work any time and i will do my work at my time schedule-and he didn’t clean that drange rabbit for 8-days- and society take meeting at night 11-and they call me at 11 to cum and say sorry to that contractor and promise that i will not disturbed him in his work.

    everytime they toarcher us for every point-and not ready to listen us and not ready to take our writing complaint for any matter.

    society committee also gave society office on rent which is our neighbor flat who is tax consultant he not having any office board.I want to asked in residential area what should be the office timeing- his office timeing from morning 10.am to night no limit-at 11.30.or -12pm also.he has meeting late night.

    For giving office in commercial purpose they must pay commercial property tax -**

    he is tax consultant as per our knowledge we had get information that he also handling visi scheme so every month- so many clients are cuming over there all are having parking near to my home- its on road side but we think every parking must park 2-3ft away from wall or any body’s home
    for this matter also we gave writing complaint to society they are not ready to accept letter.They are using bad words and language and they are enjoying with our problems

    We are tired of all this matter

    Today our whole world aim is for Swachhta Abhiyaan
    and here removing all plants and trees and giving space for parking is it correct.

    Our society committee wants that we must do one mistake-in such tension so they will legally make us faulty.

    I think i cant explain more
    all over i wants to know what should i do- we are in tense

    What should i do please suggest.

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