Reserved Car Parking Space and stilt car parking

BEFORE UNDERSTANDING THE PROBLEM, ONE MUST UNDERSTAND THE FOLLOWING DEFINITIONS

(A) What is a CGH Society: A society registered under the DCS Act, 2003 by a group of members.

(B) What is total space: A plot allotted to a CGHS is the total space with the society on which it has to build the flats as per rules.

(C) Built-up space: The space on which building / flats, power house etc (essentials of building) are built.

(D) Allotted space: All the built in flats and reserved car parking space are the allotted space of the Society.

(E) Common space: All un-allotted space is common space of the society.

IMPOSITION OF CHARGES ON THE MEMBERS OF THE SOCIETY

The charges for maintenance of common space shall be fixed as per membership, without giving a thought to whether the member will use a lift or not use a lift, whether the member will reside on 1st floor or top floor, whether member will use green area or not use it, whether the member is allotted a HIG or a MIG flat, whether a member is residing or not residing in the flat, whether the member is occupying or not occupying the flat etc. Whether the member has also paid separate amount for Reserved Car Parking Space or not paid for the Reserved Car parking space. The charges shall be imposed on the basis of membership. Higher charges can be levied only in case a particular space/flat is given on rental basis and the tenant is residing in it.

Zemanta Related Posts Thumbnail

Therefore, no additional charges can be imposed on the basis of number of persons residing in the flat or number of cars being parked within the reserved car parking space or Open Car Parking Space or Stilt Car Parking Space.

U/Sec 70 of DCS Act, 2003 Dy Registrar has already passed Orders on 30th October, 2013

You may Click at the end of this blog to see Judgment U/Sec 71 of the DCS Act, 2003 of Arbitrator dated 4th March, 2014 on Parking Charges imposed by a CGHS on the basis of number of cars parked by a member in the Society and also see Orders of Delhi Co-operative Tribunal’s Order and also see the judgment of the High Court of Delhi at the end of this blog page.

DIFFERENCE BETWEEN RESERVED CAR PARK SPACE AND COMMON CAR PARKING SPACE

Reserved Car Parking Space: This is the space specially approved by General Meeting by taking a certain amount of money to allot and reserve the space to a member only, out of the total common space; in which no other member will intervene, disturb and encroach;  on a certain terms and conditions and the lump sum amount paid by the member will include the maintenance for ever of the reserved car parking space. By paying for the Reserved Car Parking space the member does not lose his share in the common space or common car parking space. The money is paid to all the members for sparing a space share of their’s or the members have set aside a small piece of space as reserved for the use of the member who has paid for it.

Common Car Parking Space: This is the space in which every member of the society is a share holder and undivided share in the space. It belongs to all irrespective of the fact, whether a member has paid for a reserved car parking space or not. It is the space where no reservation is made and all the members of the society have equal and undivided interests and rights of free use. This space can not be partitioned at any cost or at any stage by the Society or by any member. THEREFORE NO CHARGES CAN BE IMPOSED FOR PARKING ANY CAR BY A MEMBER OR A TENANT FOR PARKING IN THE COMMON SPACE.

Some of the CGHS have started charging on parking in the common space also. We have taken up the issues, which is in the court of law and the Societies are in the process of reducing or removing all charges on the cars parked in the common space, including M/S kanungo CGHS Ltd

TO RESOLVE THE DISPUTES OF CAR PARKING

(A) A number of Societies have approached us through this web-site with many problems of use of common space by the members. WE ARE RESOLVING THE PROBLEMS

(B) A number of members from Co-operative Group Housing Societies have approached us with their problems that the CGHS management is imposing car parking charges & at some societies PENALTY for parking more than 1 car in the Society. WE ARE RESOLVING THEIR PROBLEMS THROUGH REGISTRAR (RCS)

There are different conflicting views of the Courts on this issue and we give below the latest judgments of Anup Mittal (HUF) versus Kanungo CGHS Ltd as follows:

Orders of the Arbitrator: Judgment 04.03.2014

Orders of the Delhi Co-operative Tribunal:DCT Order 20.4.15

Judgment of the High Court of Delhi: Anup Mittal vs Kanungo CGHS Ltd

SUMMARY: As per judgment of the High Court of Delhi, Parking charges per car or per make of a car CAN be imposed by any co-operative society.

When Mr. Anup Mittal was contacted by us, he said that he will challenge this judgment in the Supreme Court of India and also file a Consumer case before highest court on consumer affairs very shortly. Now, therefore, if you desire, you may give your comments below for advice and assistance.

LEAVE A REPLY BELOW, IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED

About the author

136 Comments

  • Munshi Ram says:

    There is a serious dispute in our society and I am the president of the society. Will you kindly come in our SGM on this subject matter and we are ready to pay reasonable fee also

    View Comment
  • Nilesh Hiremath says:

    We have a problem. Ours is an appartment association in pune of 15 flats.

    1. Member A has illegally put grill around his parking lot. The committee members pointed this to him and he is adamant and not willing to remove it. As it is not so much of a problem, the committe members did not persue it further.

    2. Member B who has a personal grudge against Member A is after the society members to get the illegal grill removed. Committee has shared the list of actions taken & helplessness to get necessary objective.

    2.1 Member B complained in the PMC ( Muncipal corporation ) about illegal encrochment. The PMC issued a notice to Member A. Member A has not responded to that also.

    2.2 Member B has issued a legal notice to the Committee members about inaction of getting the parking lot dismantled. The committee sought help from lawyer to reply the legal notice..

    3. It so happens that both member A & Member B have stopped paying the society dues for more than a year now. This is affecting the day to day operation of the society. We need your help in this.

    1. What is the responsibility of the committee in such cases ? Has it been fulfilled by the existing committee or no ?

    2. How does the committee make/convince both the Members A & B to pay the dues ?

    Thanks in advance.

    View Comment
  • Nilesh Hiremath says:

    We would like to have your support in this.

    Thanks in advance

    View Comment
  • Nilesh Hiremath says:

    However our problem doesnt stop there. Both members A & B have stopped paying maintenance dues for nearly a year. We have difficulty running the monthly expenses and not sure how we manage the extra expense to follow the legal battle. Member A has been served by notice from PMC enchroachment cell and he has not heeded to it. we seek your help. regards

    View Comment
  • Nilesh Hiremath says:

    Ours is

    1. Appartment Owners association through a deed of declaration .
    2. We do hold AGM & other meetings regularly.
    3. We have a peculiar problem. Ours is a apartment of 15 flats which as on an average about 5 non-resident owners ( given on rent ). It so happens that for the past 9 years it is the same committee that is continuing due to lack of participation from rest of the members.
    4. We will get the resolution passed to authorize DST for help with recovery of dues and other issues in the apartment

    View Comment
  • Mihir Shah says:

    Dear Sir,

    Our society (CHS) had passed a order few months back with respect to allotment of unreserved open parking space on a first come first serve basis for a lump sum amount (one time only). However, in the allotment it had been mentioned that the CHS can take back the allotted parking space from the member on “justifiable grounds”. I paid the said consideration to the CHS through cheque and was allotted the parking space. However, recently the CHS has altered the rules for allotment of parking space and has decided to allot the same on a lottery system for a fixed annual consideration (recurring yearly charges). Hence, the CHS has asked me to return the parking space allotted earlier and they shall refund the amount paid by me earlier. However, I don’t want to return the said parking space since I had already paid the amount demanded by the CHS. What options do I have now?

    Please note that the said parking space is the 2nd parking space allotted to me & in our society all the members have atleast one parking space reserved. The lottery system would also be for 2nd parking spaces for the members.

    View Comment
  • Salman Nensey says:

    ours is a commercial shop on ground floor of a society and we are having a car parking space since 1982 since we purchased the premises and accordingly we are parking a car. Now in the year 2002 we purchased a garage separately but we are using the garage for godown purpose and we have a permission from BMC. Now recently the society has put up parking studs and in last meeting had wherein I was not present, decided to take away my parking space. Now there is hardly any space left where I was parking my car and no studs made for my parking space. 75% of my car is going out of the compound and nobody is ready to listen to me. One of the member is having 2 car parking spaces and he is supported by court order taken by him long back and it is an ex-partee order wherein society did not appeared or filed reply. This member was a tenant and says was having a parking space at the time when he was tenant and later when he became a member of the society, he was allotted one more parking space. Just to accomodate his 2 cars, they have moved me outside the compound. Please advise what is to be done and under which laws

    View Comment
  • Jamsheed says:

    There is a v serious problem in the society where I’m residing. The society has only one car parking space which falls under free parking space as all the other car parking spaces are been purchased directly from the builder by others and they are the rightful owners of the same. The free parking lot had been allotted to one of the tenants in 1999 & they were parking their vehicle & also paying their dues on time. But since last one and half year that spot has been kept vacant as the owner of the vehicle died & the vehicle is no longer there. The society has now allotted the said plot to me for parking my vehicle as per their decision as my application was next in line for the same. I have kept my vehicle inside but the old tenant is causing me a lot of trouble. She is staying alone in her flat & it was her brother who used to park his 4 wheeler before. Now she has kept a 2 wheeler there & is not removing it. She has gone to the police station & has lodged a complaint against me that I’m harassing her but in reality she is harassing me & my family. She comes with cops almost every week for the same issue. Please suggest me what I should do to clear this matter as the society has now allotted this space to me & I don’t want to leave it. I have been waiting for it for a v v long time. I am eagerly waiting for your reply on it.

    View Comment
  • raj says:

    I am Raj bought a new flat in one co-operative society of kolkata. I have no car parking space so I applied for one. But secretary is not giving permission and indirectly demanding bribe from me. Many members are keeping 2 car on the name of one flat. Can anyone tell me by which laws I can attack them ?

    View Comment
  • Jamsheed says:

    I’m in Mumbai area Dadar east. Please suggest a solution on my matter

    View Comment
  • Hemaang Vagghela says:

    I am a member of a co-operative housing society. i do not own a car parking at the premises as i had not purchased from the builder, as i did not had a car at that time. but now i have 1 car which i need to park in the society buliding. i had given an application for a car parking to the society but they say that there are no parkings left and refused to give the parking to me. how do i fight to get the parking should i do a court case, i am ready to pay the parking charges if they allot me a car parking. please help and guide me what to do.

    View Comment
  • Hemaang Vagghela says:

    I dont have a car parking but i need 1. members of the society says that there is no space for a parking. how do i fight to get a parking i am ready to pay the charges.

    View Comment
  • pradeep mody says:

    i have 3 flats in society and i have taken 2 car parking against them and society will charge me maintanance also for that now secratary demand me car ownership paper so i want to know there is any rules regarding demand to particular member. because they demand from from me only. after his demand i submited declaration later also but till they demand documents so please let me know the rights regarding this issue. and in our society some comitee members are not a registered member and there is no any agm minutes also regards car documents. so what can i do

    View Comment
  • pradeep mody says:

    mumbai

    View Comment
  • Deepak S says:

    I am staying in kandivali, mumbai in a registered society. I am having one big stilt parking where i am parking 2 cars. Now socity has sent the notice to park only 1 car, stating that the other car parked is unauthorised. Also advised to pay additional 1500/- per month to get another parking.

    Sir, pl advise, whether I cant’t park 2 cars in my space alotted to me.

    View Comment
  • Ravi Subandh says:

    Dear Sir,

    Subject: Parking Issue- E1/E2 Hyde Park Premium CHS, G.B. Rd.Thane –R.P. Subandh. Flat No.E/2 – 602

    I purchased 2bhk flat ad- measuring 64sq.m t(930 sq.ft) in Hyde Park, near Tulshidham Society, G.B. Rd. Thane(w) 400 607 in the year 2005.At the time of purchasing flat builder had shown cost of flat ,details of registration ,stamp duty as also charges against amenities, development fund, corpus fund( for the purpose of swimming pool, garden )etc. but did not mention cost of parking space. Normally, many of us avail of housing loan where all the expenses are included in the loan application and generally 70% to 80% of the total cost of the flat is sanctioned by the financial institutes. This becomes difficult to raise money at a later stage (because of the mind set, and many of us find it difficult to pay for extra cost). He had initially a plan for constructing 10 storied building and at that time I booked the flat. Later on he got permission to raise 4 more floors (i.e.14 storied building) with the result the parking space required to be kept for flat owners fallen short. He has shrewdly/cleverly kept us in dark and thereafter called for money for car parking slot. Since, the cost of parking space is supposed to be included in cost of flat, I have not paid amount. For stilt parking he took Rs.1.50 lakhs and for open parking Rs.40, 000/- However, he has given receipt of Rs.5,000/- for allotment of car parking (open space) to these members. It may be mentioned that I had no car at that time. Moreover, I was told that builder can’t sell parking slot/s .On going through agreement, it is observed that builder has marked (–) dash against parking column.

    Some of the aggrieved members (10 out of 15) had filed a suit in Co-operative Court (Consumer Court) against Managing Committee for allotment of car parking. Managing Committee did not wish to extend any help to those (15 members) who have not been provided parking slots. I requested Society to accept my request for allotment of parking space, but the Chairman is not acknowledging letter/s. I had no alternative but to send letters to Society by Regd.AD with Ack.dues but the same was also returned to me by postal authority, i.e. postman .I sent copy of letters to Thane Municipal Corporation, Dy. Registrar Co-operative Society, & Federation of Co-operative Societies with a request to help me in providing car parking slot in the society’s premises. I had also requested Society that I am ready to pay requisite sum/charges for providing car parking space and have submitted suggestion/solution for resolving parking problem as well. A brief particular enclosed for information.

    I request your honour to please advise me whether I will get parking slot as per Supreme Court’s decision in Nahalchand Laluchand Pvt. Ltd; v/s Panchali Housing Society Ltd; case (Ref. Maharashtra Times dated 5th April 2013). Mumbai Suburban District Consumer had said that Parking space is part of the flat and not separate subject from the flat, Developer is bound to hand over possession of parking space along with the flat, Section 36 of Development Control Regulations says that for a four wheeler minimum size of parking space should be 2.5m X 5.5m (Ref.Times of India dated 4th April 2013).

    Please advise.

    Regards,

    Ravi Subandh
    Encl: 1
    9969401464

    View Comment
  • Shweta Dargar says:

    Dear Sir, I am residing in Navi Mumbai. three of the flatwowners including us have not purchased the parking from builder. Now the Society members are forcing us to pay parking fee of Rs.500/- per month just because we have not purchased the space from builder. We are not parking our vehicles in any of the alloted parking places. I want to know if the society is right in demanding such charges from us

    View Comment
  • Shweta Dargar says:

    Sir can you please quote certain case laws or sections so that we can present our case in front of the society.

    View Comment
  • V.S.Jaiswal says:

    Dear Sir,I have purchased flat area of 62 Sq metr or 930 Sq feet in Pimpri Chinchwad Pune from 1st owner which not having car /2 wheeler space allotted or purchased from/by builder. After purchase of flat I approached builder for parking space on paid basis but builder is avoiding to sell me space. on other hand allotting open space to flat which are unsold. Co-op society formation is at final stage. will I face any problem to park my car inside compound of building or society can ask me monthly charges for parking. Is there any rule to keep space provision for each flat ?? please guide me. Regards, V.S.Jaiswal

    View Comment
  • V.S.Jaiswal says:

    Thank you for quick reply. Building yet to complete and builder marked open space for car parking and this all marked open space for parking is allotted (sold) to flat owner. I also approached to buy one space for me but he told not available. Now the situation is if few flat owner like me having car what can we do about to park the car and how I can fight after society formation if object to park inside compound and not marked space for parking. awaiting for your guidance. Regards, V .S.Jaiswal

    View Comment
  • Melroy Lobo says:

    Dear Sir, I have purchased my flat and a stilt parking together.I have the agreement of sale of the parking handed over to me by the builder. In the stilt parking I park my car and my bike safely without causing a hindrance to anyone. Can the society charge me for parking of my bike in my own stilt parking.is there any legal document to prove to them besides the agreement that they cannot charge for such parking in my own stilt parking.Kindly advise.

    View Comment
  • Harshil says:

    Dear Sir, I have purchased Flat in Goregaon, Mumbai from builder and he has given me one Stilt parking Allotment letter.However I was not allotted any stilt parking in basement of the building and was given open car parking with my flat number in open area of the building premise. I do not want open parking space and I told him to returned my hard earned money which he charged me for promise of stilt parking.However he refused to return my money and told me that accept the parking and no other parking is available for you.How can I fight legally with builder to returned my money since he had promised of one stilt parking and he is giving me open parking and i paid for stilt parking. Regards, Harshil

    View Comment
  • hemant vartak says:

    ours is a residential coop hsg soc with shops/commercial owned units on the ground floor. our soc has rented parking in our premises only for residence. can we make it exclusively, only for residents parking. some shop owners have objected to it. pl advice

    View Comment
  • Ratna says:

    HI, I am residing at CHSL, Navi Mumbai. Can you please elaborate more on ‘Common Parking’? In our building we have common parking area. However few members are using this area as if they own it. They have parked their cars there. They don’t allow anyone else to park their vehicles over there. Is this correct? Or anyone can park their car at any place, as it’s a common parking? Also, society charges 100rs for four wheeler and 20rs for two wheeler as parking charges. Is this okay?

    View Comment
  • Suresh G says:

    Dear Sir, I have an ongoing dispute in the Honarable High court and also the small causes court for the flat that I am residing presently for past 12 years. The flat is in my Aunt’s name and I have paid 80% of the loan after which due to the rise in property price, she had asked me to vacate. Because we shared a very close relation for past 40 years, I had made a verbal agreement with her that once the loan is serviced, she had promised to transfer the flat in my name. Now she being a member of the Society (flat is in her name) has asked them not to allow me to park my car in the open parking. The car is purchased in 2007 and is registered in my name on this very address. The society had passed a rule in the AGM that only the flat owners and owners of the vehicle are allowed to park within the society’s compound. I am not a tenant as there was never a rent agreement and last 12 years I had always parked my car in the open parking. Can you advice me whether the society can interfere in this matter as : (1) Our matter is in the court. (2) Can they listen to my Aunt and ignore me who is staying in the society since 12 years. (3) Legally can i prove my point ?

    View Comment
  • Suresh G. says:

    THANKS FOR YOUR QUICK RESPONSE. APPRECIATE IT. COULD YOU PLEASE ELABORATE ON THE LEGAL STATUS OF THIS ISSUE. SURESH G.

    View Comment
  • ALOK says:

    Dear Sir, I am residing in dwarka, our society has adopted a practice of calling EOGM frequently wherein they pass resolutions which affects the entire members of the society. One of the objectionable clause is that they always divide the expenditure in 100 members whereas the society comprises of 125 flats, the plea they give for this is that we would recover the cost from 25 members and will utilise it for development of the society. This practice impose additional cost on the 100 members and who knows when will 25 members would pay in future. Even if they pay after 2-3 years, the purpose of collecting the money gets defeated. As per my understanding, EOGM can only be convened by Registrar or on requisition of members, they how can the management call EOGM. The other issue is that, the management of our society has passed a resolution for charging parking fee in the society on per car basis that too in slabs e.g. first car free, 2nd car-250 per months, 3rd car-500 per month, 4 or more car-1000 per month. Moreover, the management has converted the basement car parking area into community hall for which they are charging hefty rentals and keeping the security concerns aside they have allowed the hall to be utilised for outsides also on referral system, this action of them absolutely challenges the security measures. I need help from your side to get out of these malicious practices of the management,

    View Comment
  • Jain says:

    Hello, I have 3 parking in my building in mumbai and our cooperative housing society is telling me to vacant one of the parking. I am paying rent for all the 3 parking for the last 30 years. Please advice what can i do.

    View Comment
  • Hoshang Jhabvala says:

    We have rented our flat in Mumbai, Lokhandwala society for many years, We dont live in the same society. The tenant parks her vehicle in the open area, for which the society levied “Parking Charges”. Today we receive a letter from the society saying “It has been passed in the AGM that Tenants will not be allowed to park in the society premises”. further that there was no objection raised to this resolution in the AGM, hence it is implemented therefore the Tenant will be restrained to park now onwards. Is this Legal ?? Today a vehicle is a necessity in Mumbai, a flat without parking space is no value. Please advice .. thanking you

    View Comment
  • hirengala says:

    We have basement car parking in our building 14 flat s and 7 basement parking no other space for parking and two car lift please suggest

    View Comment
  • Shobha says:

    I am married and have a daughter and stay with my mother. The society is not allowing me to park my car stating that I am an outsider . As far as I know the new byelaws section 3.25 widens the scope of family. Please advise

    View Comment
  • Ranvir Singh says:

    1) I stay in Vashi, Navi Mumbai, I have purchased a flat and got it registered with the Government Registration Office, The seller of the flat had applied for an NOC from the society to which the Society is citing that the General Body had passed an resolution to accept donations @ 1% from Seller and purchaser ie 2% of the Sale agreement value entered into. As per the Maharashtra State Bye Laws i am to understand that the amount payable by the seller for NOC is Rs. 25,000/- , Kindly update what is the amount payable as per rules for the seller and Purchaser and what is the option if the society does not grant an NOC and does not transfer the name on the Share Certificate.

    2) One of the member of the society has a flat and was allotted car parking in the society premises, now the member has purchased another flat in some another society and is parking his car there and is not residing in our society, the parking space allotted to this member in our society was empty hence, i started parking in this empty space but this member comes occasionally and says it is his parking place and i have to remove my car accordingly, kindly update whether this member can retain parking space when he is not staying in our society which he occasionally visits and what action is to be taken.

    View Comment
  • AMIT MISTRY says:

    Dear Sir, Our Society 4 to 5 years back has generated 4 Car Parking Space and had called for Intention Letters from Members and based on first come first serve as well as those who were not having parking were allotted the Parking. Due Process was followed. I am one of them. The Society has issued Allotment Letter taking lumpsum Deposit for the Reserved Parking. Now after 4 years some Members have started objecting that it was not Passed in AGM and wants the Society to Cancel this Car Parking. They are pressurizing the Committee Members on this Matter and want to take up the issue in coming AGM. Please help and guide me on this matter and send me some documents if my case is strong so that I can put the same during AGM. Thanks in Advance.

    View Comment
  • vaibhav mehandiratta says:

    Hi, I am a tenant at St. Columbas CGHS ltd., Dwarka, New Delhi. I have a query with regards to parking. The owners who are residing in society are allowed with two vehicles. But tenants are allowed only one and have to pay extra 500 for 2 wheeler and 1000 for 4 wheeler. Why such a disparity? even though the society does not have allotted parking for flats. Any body can park anywhere.

    View Comment
  • Girish Jagtap says:

    Hi, I have been living in HariGanga society in Pune for a little over six years. My mother is the primary owner and I the secondary owner of the flat. The society has started charging Rs.5000 per annum for open car parking for anyone who doesn’t own an allotted car parking space. It has also reserved some open ground where the cars can be parked for free. Please advice if the society has the right to impose the charges.

    View Comment
  • Vandna Arora says:

    sir, i have purchased a flat in pune ( I stay in Mumbai ) in the year 2008 from the builder. He had promised a stilt parking with the flat at the time of booking , which would be included in the price , but at the time of possession in 2010 he refused and asked for 1.5 lacs for the stilt parking space , which I did not pay, Now the MC has allotted parking as per the builders allotment letter to all the members who paid the builder . The builder has provided 400 stilt parking for 827 flats . The MC has passed a resolution in the general body that there are 5/6 parking spaces un allotted and those who want them, have to pay Rs 30,000 per year in advance for utilizing the car parking . visitors parking can be used only for 3 days, after which they pay 500 per day. . The members who have been allotted parking slots by the builder, do not pay any money to the society, and no amount is added in maintenance bills.

    my Query: Are the other members/tenants not entitled to parking. Can the open spaces be used for parking and be allotted to those, who do not have a stilt parking space, at a nominal charge ? if yes then the process for the same ? how can the society charge such a high rate for parking. what is the legal recourse for this ? if I require your services , do you take up cases in pune ? if not can you suggest son lawyer. lastly do you think I should pay the builder for the parking, if available ?

    View Comment
  • Kalpesh says:

    Sir , I just bought the new car . My socity has stilt parking area and open area also which I now put as reserve area and common car parking space . My quarry is that can I claim for stilt garage should be allotted to me too on rotation system or anything by which all can have some ?

    View Comment
  • sorabh chauhan says:

    hi sir. my father in law is a member of a CHS in sion, mumbai. He and his wife both are senior citizens. he has a son who lives in London. They suffer from health issues and my wife who is their daughter and the only person in mumbai to look after them owns a flat in mira road but she has to stay at her parents house more, at least 3-4 days a week to support them and take care of them. my father in law has a parking space allotted to him for which he is paying parking fees since he bought this house but he does not own a car. my wife used to park her car in the compound of this building for which society took objection saying she is now married and no more a member of this society. they forced us to stop parking our car in side the building. we were also paying fees for two of our bikes parking inside the building. now because we were opposing their decision to not let us park our car inside the building they are telling us that they will not allow us to park bikes also. bike is on my wife’s name. recently they asked for an application from our side to ask them for permission for the parking of our bikes. though they have been already taking 100Rs as parking charges for both the bikes since many months and no one ever objected before. ONE of the authority of society has bought a new car and since then all this problem started because he took our space for his car parking saying that daughters once married are not allowed to park. seeking your guidance in this case.

    View Comment
  • sorabh chauhan says:

    Thanks for your prompt reply. I need to know that as in the defination of family under new bylaws of maharashtra cooperative housing socitety act daughters and son in laws are included as family members so is parking a car in father’s parking space illegal? They say that their society lawer says that its illigal. I’ll take your advice and take this issue to an expert. Please guide me that is it worth putting energy and time or simply find a place outside building for parking?

    View Comment
  • tushar says:

    I need a solicitor for a problem I am facing in my society regarding parking. I have not purchased the parking but I am forced by the society secretary to park the vehicle outside society premises. I am seeking for an urgent expert advice. Can anybody help me with this issue. I am posting this message second time as I did not get any response for my earlier message.

    View Comment
  • O P Gupta says:

    As per co. op. Hsg. soc. rule 81, in Maharashtra a member is allowed to park a car belonging to his company within the soc. premises as his entitlement. Is this right not dependant on the company itself being the member of the society?

    View Comment
  • SK Shrivastava says:

    Sir ji, I was having a lot of problems with my society and the Managing Committee of the Society were totally envy against me and always wanted to teach me a lesson. They used to break glasses of my flat, deflate tyres of my car, not picking my kitchen garbage, not handing over me the bill on time and then imposing penalty and interest on me. If I go to tell them, they used to never resolve it and used abusive language and I was cornered by this group of Managing Committee & their few other associates. Then I came in contact with this web site in 2012 and raised my query and then engaged the legal expert to handle my problems. At present the society has paid back all the penalties and interest recovered from me with 9% interest, they have asked for apology in writing and also given compensation of Rs.25000/- in the court. I am sincerely very thankful you for the legal experts.

    View Comment
  • om says:

    My Question has not been understood. It is obvious that if a Company is a member, its car will be allowed to be parked inside the society premises as per sec 81 of the bye-laws. But what is the position when an individual who is a member, brings in his Co.’s car inside and parks it inside the Society’s premises? Question arises because Co. is not the member here. He being a member,only the car owned by him should be allowed to be parked, is it not so?

    View Comment
  • om says:

    It is not a question of whether he should be allowed or not allowed to park the co. owned car inside but whether bye-laws permit it, in view of the fact that the flat is not in co.’s name but in his name. if the society is to follow your advice, such action of the society may be challenged by any other member.

    View Comment
  • anil dadlani says:

    I m a resident of ulhasnahar residing in a society where car parking is big issue. The members have decided to take car parking charges ,for those who are keeping there cars under the shade of bldg which is not accepted by few flat owners.pls guide that is it legal if they are taking these charges.

    View Comment
  • Yog says:

    I am Member of Co op society in Boriwali . Where i bought a still car parking space from some other member of society. Even society has transfer this parking space on my name in AGM.

    Now i don’t have car for now and i am parking my two wheeler in this parking space, But society i not allowing me to park the two wheeler. saying its a car parking space and should not be used for two wheel parking And they charge me the additional two wheeler parking charge.

    I would also like to know is one car and one two wheeler allowed in one still parking space if its adjust in given parking area .

    Please advice me.

    View Comment
  • kamlesh v daxini says:

    namastey sir ji, maine boisar mein naya flat liya hai aur saath mein humne stilt car parking bhi builder se purchase kiya hua hai……abhi socty bani nahi hai ….lekin ….jisne stilt parking purchase nahi kiya hai , wo sabhi members bol rahe hai k builder se parking kharida hua valid nahi mana jaayega …….toh mujhe is bare mein aapki guidance chahiye ….plzzzzz

    View Comment
  • Yogeshwar Prasad says:

    Dear Sir, I am writing this to thank you. I was suffering from mis-management of society by anti-social elements. I tried all the methods which I knew including police pressure but could not get rid of the continuing problems. By searching from Google, I came to know your your web site and wrote my query and grievance and I got immediate reply from you. I appreciate you for giving prompt attention to the problems of others. As advised by you I got in touch with your legal experts and now 3 persons of the Society have taken bail in criminal case filed by me and 1 case is in Consumer court and 2 before the Registrar of Co-operative societies and I hope to win all of them with the expertise assistance of your legal experts. So I appreciate your web site and also I again appreciate your Legal Experts. Thank you. thank you, thank you Sirs.

    View Comment
  • hemal ganatra says:

    sir , i filed suit on builder , which came in my favour and it says that that builder is prevented from stopping me and other members of the society from parking vehicles. some time after society was formed during the pendency of suit and then suit was decreed . all memebers have either purchased or paid to society interest free security deposit of 211000.
    can society stop me from parking. can society collect interest free security deposit. there are 4 societies registered but parking decisions are taken by federation which is proposed i.e not yet registered.

    View Comment
  • Uday Karawade says:

    Can a Society charge for open car parking ???

    View Comment
  • O P Gupta says:

    IF U R IN A CO -OP HSG. SOC., PARKING CHARGES ARE PAYABLE IF THE SOCIETY HAS DECIDED IN THEIR GENL. BODY MEETING THAT PARKING IN THE OPEN SPACES HAS TO BE CHARGED.

    View Comment
  • kishore says:

    I am member of Co-Op society and facing the similar issue. Can you provide your contact details to discuss. It will be great help to me. Regards, Kishore

    View Comment
  • sekar says:

    In Maharashtra co-op hsg socy, what is the definition of flat purchase socy and plot purchase socy?
    Are bye-laws different, if so, which clauses?
    sekar, mumbai

    View Comment
  • Nimesh says:

    Hi, I want to know whats is the rule says about allotment of parking in CHS, in our society open parking is available bu they are not allotting to me b’cas they have other members who are in line but they don’t have vehicle. I have the vehicle and I have also applied for the same and one open parking is also free.

    View Comment
  • Jai says:

    Hello Team, I have recently purchased a flat in Coop hsg Scty in mumbai. I am facing issues about parking in open slots. It seems the allocations of these spaces are done on a very unfair base.

    Few flats have 2 to 3 slots to park their cars whereas few flats has none. kiNDLY ADVISE ME THE CORRECT PROCEDURE TO ADDRESS THESE MATTERS to the society and try to get an allocated parking. Also advise if I have any chances to fight such matters or it is just waste of time. Regards.

    View Comment
  • Adarsh Rai says:

    This is regarding the housing society where in I live. it is a complicated case as the society consists of 6 wings out of which A and B wing got created way back in 2003. C and D Units got created in 2009 and E and F unite created in 2010. The society is running in 3 different maintenance account. A and B unit is running with their own, C and D running with their own and E and F running with their own account. Now there are open spaces sold by the builder to the A and B society members as they were staying since beginning and they managed to get 23 parking spaces in their custody by buying directly from the builder. Now C, D and E, F were not lucky enough to buy the same from the builder. Now as the society later constructed C, D and E, f unit, have got 21 free car parking space. A and B members are claiming in the free car parking space available. Need to know if the A and B wing can claim on the car parking space. Is it possible for the society member to claim on the car parks which are allotted by the builder to the society members.

    View Comment
  • I live in a rented flat in a chs.do I have parking rights ?

    View Comment
  • Vidyanand Jaiswal says:

    Can I know is supreme court judgment says or rule says each flat should have compulsory parking and builder/promoter should make provision while making building.

    View Comment
  • nitin babanrao shirole says:

    sir,my question is : Parking area redevelopment after 10 year whether common parking area & fixed alloted car parking to flat holder’s each share for development does equally share ? or those who have not purchase car parking should equally share to all covered parking area of society?

    View Comment
  • Mihir says:

    Sir, I purchased a flat in an old society where it has around 12 stilt parking and rest open. Initially due to lack of cars in the society the stilt parking was given to the one who had a vehicle at a small deposit amount of Rs.2000. But now the cars have increased and other members of the society have to park their cars in common, wherein the dispute is. Does every member have a right to use the stilt parking or not ? Should the policy of rotation in stilt parking be implied ? Or The existing members who have the stilt parking for the last few years have full right not to vacate the stilt parking and stay there ? Mihir Mumbai

    View Comment
  • Parag says:

    Hi,Two years back we purchased a flat in under construction multistory building in Pune.Paid 1.5 L towards covered car parking .This amount is reflecting in total agreement value but not mentioned specifically for car parking .One covered car park is mentioned in deed.
    Exact car parking number was not allocated (building was under construction ).Last year we took a possession ,there has been delay in putting our name on parking slot.Now one of the available shown to us but its a very small area.
    Legally is there any standard norm for minimum area allocation (L*W sqfts)for covered car park ?

    View Comment
  • shalini rastogi says:

    i need help to solve parking problem of 10 members of my society in the same lane.As being jt. secretary of my society ….need to talk with some one for arbitration.

    View Comment
  • Kiran J says:

    Our Society is going to charge us 1500/- p.m. for cars which do not have reserved parking space.It is a co-operative society and the reserved parking spaces are lesser than the number of cars.Is it legal for them to charge us when they themselves do not enough space?Presently the extra cars are parked in visitors parking space.

    View Comment
  • Vinod Gupta says:

    I am a member of a CGHS in Delhi
    The society illegally alloted flats to about 80% members and did not allot any flat to the remaining 20% members on frivolous grounds but is still asking the 20% members to pay the same. Is their demand legally justified?

    View Comment
  • jitender says:

    whether viitor pcar parking in a apartment comples can be let out by the management commitee for commercial purpose

    View Comment
  • rahul says:

    Dear sir, I am a member of cghs delhi. I had purchased 2 stilts parking for my cars from society at the time of purchase of the flat. I have written document on the societies letter head saying I have paid so and so amount for parking no. so and so. Now after 10 years the new management which has come is saying we can free your first car but you have to pay for the second as per the new rule created by us in which only one car you can park free. Kindly advice.

    View Comment
  • Neeraj says:

    I bought a flat in CGHS from the original allottee in 2002 who had a reserved parking slot allotted to him. In the sale deed, it is mentioned that a reserved car parking along with the flat, but no parking number. I used the parking lot on which my number was printed for the last 12 years. Now the society says that they don’s accept my ownership of the reserved parking. Please comment with your views

    View Comment
  • Neeraj says:

    Please provide contact details. Thanks

    View Comment
  • Neelam says:

    I & my brother is staying in same society. My brother is having a stilt park purchased from builder & done agreement in ther year 1998. now that flat is given on rent as he has transfer to other country. He parked his car in stilt & use when even he visit to mumbai, sometime i am also using. His tenenat has got a car and wants to park in the society open parking, as there is ampale space available. Committe is saying they will not give parking because that flat is on rent and owner is having stilt. Can they stop tenant?

    View Comment
  • Sanmesh Desai says:

    Honourable Advocate,
    I bought a flat in Navi Mumbai. This building is having 3 towers includes 122 flats. there is enough space for each flat to have one car parking. My earlier owner had purchased flat from builder and his agreement clearly mentioned that the flat is along with stilt Parking No.–. However I came to know that society forcibly took an affidavit on Rs. 500/- stamp paper from ex owner, saying the stilt parking has been surrendered. This society is in fight with builder over balance FSI and arbitration is going on. No conveyance in favour of society yet. Parking policy is not implemented till date. I have mentioned my stilt parking no in sale deed and have also paid separate stamp duty for the stilt parking. However Society now says that as per new bye laws and Supreme Court Verdict, all parking space belongs to society and are about to start re allotment through lottery system. I need your legal opinion on the same. I want to know if you can take up case to fight in Co Operative case Thane, Maharashtra. Thank you very very much sir. Sanmesh…

    View Comment
  • Jayesh Zaveri says:

    I had been allotted car parking at Matru Mandir co-op. hsg. society 12 years back where my parents are staying with my brother’s family. I am co owner of the flat along with my mother and father. My father expired two years back. I am not staying in that flat, Now society is forcing me to vacant parking, saying you or your family is not staying in that flat. I am paying regularly all maintanance and there is no any dues to the society. Kindly guide or contact me, as I don’t know whom to meet.

    View Comment
  • shweta roy says:

    i had been allotted car parking at solitaire hsg society , pune , maharashtra, along with flat possession only, i am staying here from past 5 years and now we have 2 four wheelers which we have accomodate in our parking area with almost 4 sq ft area of common parking space joint with our parking space, now soceity forcing us to take out one car and park in vacate area of visitors parking and pay 1200 rs rent for every month and allowing us to use that common parking area for 2 wheeler or baby’s cycle parking in that area . i dont understand the logic behind this , please guide on me on this

    View Comment
  • Sudhir E. Mahajan says:

    Our society management is taking Rs.150 for Car & Rs.50 each for my Two 2-wheeler vehicles (150+50+50=250) as Parking Charges. Is it legal ? Society do not providing covered parking space. It is said to be sold to some flat owners by builder. Builder given them a single allotment letter on his letterhead. is this kind of property transaction is legal ? Please guide me.

    View Comment
  • Dinesh says:

    I stay in Mumbai. Request a clarification related to purchase of open parking space.
    Ours is a condominium. There are 4 condominiums in our complex (formed as the buildings were readied and occupied). We had purchased 1 stilt parking space along the flat sometime in 2004, from the builder. One of the residents ( lets say “A”) of our building(our condominium) had sold his flat this year without the open car parking space. He is still living in the same flat, on rent, as per agreement with the new buyer ( lets say “B”). This gentleman (“A”) wishes to sell off his open parking space seperately, for which I am in discussions with him. “A” had bought the flat and the parking place seperately from the builder, in Dec. 2005. The supplementary agreement, for the parking space, is available on stamp paper. Also the agreement for sale, with “B” does not mention the parking space at all. Our condominium office has confirmed that the parking space is legally owned by “A”.
    In light of the following – 1) “A” is no longer a member of our condominium and 2) The supreme court ruling in 2010 regarding the sale of parking space seperately, wish to understand if I can buy the parking space from “A”? The bye laws of our condominium are silent about anything concerning parking.
    Our condominuim office bearers do not wish to give their clear opinioin on this issue and appear to be palying safe. Also earlier some resident of our condominium (our bulding) had raised an objection saying that since “A” is no longer a resident, he cannot now sell the parking space seperately.

    Thank you !!

    View Comment
  • gautam d shah says:

    what about car parking purchased from the builder along with the flat with seperate ageement and what is the position of my parking qa the chs in mumbai

    View Comment
  • mehul says:

    i have purchased new flat and also purchased open parking from builder, he gave me allotment letter to park 1 car, but i have 3 wheeler small tempo, now society dont allowed to park that, so what should i do. is there any rules that there is no parking for commercial vehical in society as per bmc. give me some idea about this.

    View Comment
  • Sanjay says:

    Dear Team,
    I am parking my car in stilt parking space since last 2 years. All of a sudden managing committee had decided to charge me 5 times of charges which are paid by people parking their car in open space. How do I tackle the situation Can I file a case against the Managing commitee. Builder has not sold any space to anyone. And the Cooperative housing society is still not formed.How should I proceed & those rascals are planning to increase the parking charges for stilt from time to time.

    View Comment
  • Kranthi says:

    Hello Sir,

    I have purchased a flat in Hyderabad ( Miyapur) from bank e auction from SBH under SRFAESI Act 2002 ( Rule 9(6)). Before pucrhasing the Flat I verified the car parking place on parking area. ( the first owner is purchsed from builder separably those details are not in sale deed) after I entered the flat the Secretary has rubbed the flat allocated mark in parking area and told me that the frist owner has already sold him before forchasing the flat by bank. And he was showing notary documents for car parking sale. Now he is not allowing my vechile to park. Society is helpless situation. The apartment was built in 2005 ( 10 years old). Soceity president was saying “that time there was separate allocation for car slots as per builder wish”

    My Questions are :

    1) He is first owner having the right to sell parking slot ? if yes, Is it possible to sell the parking place when the flat sale deed is under bank against the loan?
    2) How can I get that previous parking place which my first owner is holding?
    3) Do i have any right to objection / file the case against the new slot
    purchaser?

    Please suggest me how can i get my parking slot which intially allocated to my flat from builder.

    Your response is highly appreciable. Thank you

    View Comment
  • Nadim Siddiqui says:

    Hi

    i am a owner of a flat and used to park my vechiel in the comman area for last 8 yearsand the society has been charging me for the parking and all my dues are been cleared regularly and we had no issue
    since last one month a member has brought a car and has been fighting with the society members
    now the society has taken a dicission the no four wheeler card will be allowed in the comman area

    please advice how can they do this for some person nuiance they cannot punish all the members

    View Comment
  • dr,anand dadasaheb gosavi says:

    My society had alloted my parking space to other member as i was defaulter to pay societies assesment .
    can you help me ,as i want to park my vehicle inside only

    View Comment
  • Harsh Agarwal says:

    Dear Sir, I have a dispute with the society regarding my car parking. Who is responsible to solve such issues and what is the time frame for solving such issues. What if the association is not solving the problem delibearately?

    View Comment
  • Shahin Naseer says:

    I am a tenant in a registered Cooperative Group Housing Society in Delhi. The tenants are denied rights of Car parking while owners are a preferred lot by a rule now implemented by the Society. Are the tenants not the representative or agent of their apartment owners?Can there be parity regarding car parking rules between owners and tenants? Kindly clarify.Can we approach the Registrar of the Group Housing Society and lodge our complaint?

    View Comment
  • amit jain says:

    we are a co-op hsg. society and we do not have sufficient parking space, also no parking has been allotted to any members. we passed a resolution in the agm stating that the tenants will get to park only 1 car per flat and extra car parks if any will be given to the members staying in the society. is the resolution legal? can we stop tenant from parking more than one car?

    View Comment
  • Sudhir sheth says:

    I own a flat in chs in pune. The builder had sold a reserved car parking along with the flat. I want to purchase a flat in same chs which has no allotted reserved parking space. Can I sell my flat without parking and hold the same parking and purchase the another flat.

    View Comment
  • Vinod Passy says:

    Our Society in Dwarka, is not holding its AGM, not getting its accounts audited, not refunding my covered car parking charges of Rs. 55000/- with interest, paid since 1995,not replying to any mail or hand delivered letters, not holding any meeting with members etc. What should I do?

    View Comment
  • Rohit Patel says:

    I am tenent in one society in mumbai. My hoise owner never bought any parking. There is open parking available but now society is forcing all tenents to park our cars on road. And saying only house owner can park their cars in common area. Tenets can not park. Is it correct? Can i take a help of legal rules in this.

    View Comment
  • Adil Khan says:

    Sir
    Is this applicable in maharashtra too?

    View Comment
  • gopinathnair says:

    I am the allotte of MHADA FLAT in Sion, Mumbai. I am having 3 two wheelers for which society is levying unreasonable parking charges for my first two wheeler Rs. 25/- second two wheeler Rs. 50/- and for 3rd two wheeler Rs. 100/- Can Society charge unreasonable parking charges ? I am paying more than for Four wheeler parking charges i.e. Rs.100/- per month

    View Comment
  • P K JAIN says:

    I am a member of Milan Vihar CGHS Ltd. society at Delhi (Patparganj). Some members have made fixed parking for their vehicle in stilt area of their own whereas the society has not framed any rules for parking nor there is any allotment of parking space to any member by the DDA. These members give threats and stops to members who parks their vehicle in the stilt area. Can any member fix a space in stilt or common area of a society especially when no space has either been allotted or reserved by the society….

    View Comment
  • manish singh says:

    Can anyone help me out.
    I purchased a flat from kalaptaru serenity manjri pune and they clearly mentioned that i will get the parking space at the time of booking.Now they are refusing to give me the parking space. i don’t have any written document and emails.
    Please give your suggestions.

    Manish

    View Comment
  • Suresh Jain says:

    I am a member of one society in South Mumbai. There is shortage of parkings in our CHS. So members who have been alloted parkings by the builders are parking their vehicles.
    Now, my question is if a member sells his flat then can he sale or allot his parking place to the purchaser ?
    As in my society, around four members have sold their flats with the parkings.
    So as a member can I take objection? as i dont have parking space for my car and I have taken d same from one member who dont have car by paying him d rent.

    View Comment
  • Dear sir, my name is Deepak Prasad and my tenant is facing the same problem with my society manager they are asking for car parking rent for the common parking space which is not genuine as per given above rules.

    Seeking your positive response in this case.

    View Comment
  • Debashis De says:

    Dear Sir,

    Our Co-operative Housing Society in Navi Mumbai consists of 12 flats and 16 shops. Shops are faced out side and there is no entry from any shop to the Society. Separate entrance through certain open area having boundary wall is provided for the Flat owners. In the said open area around 8 cars & 10/12 two wheelers can be parked. Now my questions are:
    1) Whether any Shop owner can park his car (if space is available) inside the Society premises?
    2) Whether any Flat owner can park more than one car (if space is available)?
    3) If the total no of car exceed 8, how the space will be allotted?

    Regards
    Debashis De

    View Comment
  • P K JAIN says:

    Some members of the Milan Vihar CGHS, Patparganj, Delhi have, of their own, reserved car parking in stilt areas of some of the Blocks and they ill treat the other members who parks their vehicle in that area. The Society has not allotted any parking space to any member. How and in what way Society can take action members who have unauthorisedly reserved parking which in fact is a common area for use by all members ?

    View Comment
  • Amit B Ghugare says:

    sir,
    I am from Kamothe (Navi Mumbai). I have purchased flat there in Raj Sumrudhi
    society. When this society was taken over and the Chairman, Secretary, treasurer and commitee member selected they have taken over the records without checking. When I purchased flat I also paid for stilt parking but no receipt given, only the builder allotted the space and letter given. Now the society is telling this illegal process. society is not agreeing for this parking space. There are 35 flats and builder have not given parking as per the rules. can you advise me please.

    View Comment
  • vivek says:

    I have purchased a flat in uttam nagar,as per the sale deed there is a common hatchback car parking given to me but the same has been given to another 10 more residents in 14 flats. now we are facing problems in common parking area .more over the builder has built 2 flats illegally in the common car parking area. I came to know about this when I checked the MCD plan & moreover no occupanants in those flats. what should I do give me your advice .is it possible to file a case in consumer court or FIR

    View Comment
  • rupesh k says:

    i am from mumbai. i am second purchase of the flat. this flat has reserve stilt parking space. the seller has never used it before as he was not residing here. now the problem is that this parking space is so small that i am not able to park my small car. now what to do?

    View Comment
  • pratik says:

    from mumbai
    Req.expert opinion..
    1.owner has stilt parking.Can society charge to his tenant when he is parking in the owner’s stilt parking,which the owner has allowed the tenant to park.The owner is paying non occupancy charges and extra payment for every new agreement to the society..pls explain me is it the right of society to charge the tenant for stilt parking?
    2.does the owner have to pay charges each time a new agreement with a new tenant is drawn, to the society?

    Reply asap
    thank u

    View Comment
  • Sumeet Wankhade says:

    Dear Advocate ji, i have a owned flat in Vasai (palghar district, Maharashtra), we have common parking space for 4 vehicles, i have rented out my flat to tenant, but recently my society has came with rule that . When flat is rented u can’t park your vehicle (4 wheeler) inside society premises, this parking is only for members who are staying in sociey, pls provide solution for this, i doubt this is act of grudge against us

    View Comment
  • Nandagopal says:

    Dear Sir

    We bought a flat in Chennai in 1989 with a covered parking mentioned in the building agreement.
    There are 3 blocks in the compound and we were alloted the parking in another block, other than ours.
    All the three blocks are one UDS.

    Now one person, after more than 25 years claims that the parking is his, even though he was alloted one parking in his block itself.

    The association is silent on this issue..

    Pls. Advise our course of action.

    Thanks and regards
    Arni

    View Comment
  • Priscilla Dmello says:

    I am parking my vehicle in society premises and am paying maintenance charges for the same. As of late I have stopped using my vehicle. But I give monthly charges to the cleaner to clean my vehicle. The society says that I have no right to park my unused vehicle in the premises and they have been told by BMC to tell the tenants to discard the vehicle. Does the BMC have the right to order the society or is the society on its own laying such laws. Please respond

    View Comment
  • Jinesh Mandavia says:

    Our society does not allow open space for parking. Out of 27 flats there are only 20 parkings. Out of 20 parkings 4 to 5 parkings allotted to members does not have cars and they do not allow to park cars although they are vacant. One member does not stay here and has chained the parking space. Society committee is not intervening to use the vacant parking space nor allowing open space…whom should I approach in this case.

    View Comment
  • Sreekumar says:

    Hi I am from Mumbai. I require your help regarding an issue of parking slot going on in our society.

    How can the parking slot (open space or slit area) be alloted to the owner of the flat by a Co-operative society?
    Who decides the amount for selling the space a committee member/AGM ?
    If possible please also let me know in which law or act is it written to say it in AGM
    Please revert soon

    View Comment
  • Sapna says:

    I am married and have a son. Since the death of my husband me and my son are staying with my parents. The flat is in the name of my mother. I have purchased a car and my Mother had put in a request to the society for allotment of a parking space . The society is refusing me a parking space in the society premises on the grounds that the car is in my name and since I am not a registered member or an associate member I am not eligible for parking the car in the society premises.Need you advice . Does a direct family member whether a daughter or a son have no rights to park the car in the society premises just because they are not the members. Incase a daughter is married and is staying with her parents does she not any rights as a family member . Can the MC or the Annual General Body pass a bye law stating that unless the car in the name of the registered owner ,the direct family members staying with registered member cannot have parking rights.
    Can you please provide the bye law based on which I can present my case to the MC ..Please help me get justice.

    View Comment
  • Naveen Aggarwal says:

    Can a resident ( who don’t have membership) of group housing society vote for electing the new management committee? Under which section of the society act?

    View Comment
  • Ajay Shah says:

    I have bought flat in Nerul, Navi mumbai in 2014 and it was sold to me along with stilt car park, for which seller charged more. Later I got to know about supreme court judgement about stilt parking, which is a common area and no individual owner owns it. Now two questions..
    1] What about people like me who paid for stilt parking in ignorance?

    2] Second very IMP question, Do C.H.S. need to pass any resolution in AGM before making applicable Supreme court judgement, which will become effective from day resolution passed for all future transaction/sell of flats happening and owner who is owning stilt car park on the day of resolution or before that will be the still owner but wont be able to sell and pass to next owner in case they sell flat?

    View Comment
  • udipth says:

    Dear Sir,
    In our building we have 100 offices of which 30 offices are of 3000 sqfeet while 70 offices are of 300 square feet. Now, total parking available in our buidling is 100. The question is how should the parking be distributed. The small offices are arguing that 1 parking being given to each office and they being in majority have also agreed upon in general meeting.

    While the big offices are insisting to distribute the parking as per square feet owned, reason being that when we purchase office it is not only the carpet area of office but proportionate right in all common facilities.

    Which view is legally correct. kindly advice

    View Comment
  • Kishore Vazirani says:

    Dear Sir,
    We are having 3 buildings with common compound , now builder have done construction like that two buildings have shops and some parking under it , one big building have no shops and good number of parking under it.
    Now the problem is that builder have allocated parking to purchasers in that building. Now people living in that building have formed separate society with builder cooperation and asking us to vacant the stilt parking though there is good number of parking available and we have paid to builder and still agree to pay that society any charges.
    What are legalities and solutions since we are not members of that society . All three buildings have common compound , park , water supply . common entrance etc.

    View Comment
  • Samir Dayal says:

    I have a flat in Mumbai, which I have let out for a period of 36 months since March 2015. The Society Secretary started charging me Rs.5000.00 NOC charges per month over the 9000.00 quarterly Maintenance charges which worked out to Rs.24000.00 per quarter. After I wrote to the Dy. Registrar the Society adjusted the extra amount it collected but started charging me Rs.3000.00 per month extra for parking charges. Ours is a registered co-operative hsg. society. Is it legal that the society charge extra from owners who have given their flats on leave license basis. Also I may mention that the car parking area is uncovered, i.e. open to sky.

    View Comment
  • dipesh cheulkar says:

    Dear Sir,

    In our society members are not ready to leave their parking area, in agm it is agreed that every member will get the parking on rotation basis. but they are saying we are doing parking from so many years.

    please advise as per society laws what legal action to be taken.

    View Comment
  • dipesh cheulkar says:

    Dear Sir, i am from Maharashtra state, In our society members are not ready to leave their parking area, in agm it is agreed that every member will get the parking on rotation basis. but they are saying we are doing parking from so many years.

    please advise as per society bye laws what legal action to be taken.

    View Comment
  • madvicky says:

    Dear Sir, I live in maharashtra and I own few plots in Devgad, My uncle is looking after it. So soon we are going to sell the plot. And I don’t want to get fooled by my uncle. So how can I become careful about it? and without my signature can my uncle sell plots?

    View Comment
  • We need ur help its been 8yrs we facing problems in society regarding parking issues.

    View Comment
  • Asif says:

    A person park car in street after which , if next person park bike in front of it and in a minute a space of rickshaw is not available to pass in street. Please help me.

    View Comment
  • Hiren says:

    Hi,
    I have a flat in a registered society and i have leased the same to a tenant. Earlier i used to park my car in the society and now i have withdrawn my car and instead the tenant is parking his car. Society levies a charge of Rs 50 per month per car for all member cars but for my tenant car they have charged Rs 500 per month and have claimed that the same was passed in general body meeting. Is the society justified in charging whatever they deem fit and pass the same through a majority member. What are the max they can charge for the tenant car. What are my options if they have passed this against the byelaws. Please help. How do i fight the case if this is an illegal act.

    View Comment
  • Ashu says:

    Hello,

    got your reference form the http://www.legalservicesindia.com/article/article/law-on-parking-spaces-1116-1.html.

    I had purchased a flat in the year December 2015 from the landowner (not the builder). while negotiating we were told that the car parking allotment would take place after the builder gets the completion certificate. it was also confirmed that we would be getting the first preference when the allocation process would be carried out.

    we have demanded at that time to include in the agreement the area of parking that we would be getting but were declined and asked to trust them. Very strange after few months the allotment was done but in the form of lucky draw and not on the FCF basis. We were not given preference as was committed earlier. When i tried calling them they stopped receiving my call. The main issue which i could see was builder has allocated the paring on the basis of lucky draw and similar process was followed by the landowner as well. On top of that i saw the agreement paper of the resident for most of them it was mentioned that they would get the parking below the building B. We were almost 10 to 12 family for whom it was written the same and the parking available was few under podium garden and few under B building.

    We are now feeling cheated as we did not got the parking that we liked considering we had 2 vehicle’s (1 four and 1 2 wheeler).

    Second issue that we are facing is that the touch up work is pending at one place. One of the fitting in master bedroom for flush has gotten loosed. The doors material are deteriorating. I have made the complaint to the builder and the landowner but no one pays to heeds as they have got the money.

    Request you to please advise on the same.

    Thank You,

    View Comment
  • joyjit sarkar says:

    Dear sir,
    i am havinh wbhousing board hig flat but we have not got car paking space from West bengal Housing Board. Please confirm it is authorise to claim or not

    View Comment
  • Hardik goradiya says:

    If u have stilt car parking for four wheeler and exact opposite side open parking is created by society resulting In regular problem for owner to remove n keep the car inside basically for sedan its not possible to remove car wen some other car is already parked. So point of question os that how much free space should be kept by the society for this same problem

    View Comment
  • VIKAS MISHRA says:

    Is it compulsory that car should be registered in name of flat owner to get parking space alloted, say it is in name of owners friend in this could he be left deprived of parking space.

    View Comment
  • it is remarkable step taken by you as not only GPA holder,members or even tenants felt helpless in front of caterie of people who all of a sudden after being elevated as president, secretary used to act as law maker.
    Not only this I being an advocate herself unable to curb the menace of illegal car parking.Bravo… Please advise

    View Comment
  • muskan patel says:

    Sir
    i have flat on rent.Our owner has his own stilt parking in society. But society will charge him 500 rs rent per month.Bcos we park our vehicle in it. this rule is only for renter.and others have no any charges for open parking n stilt parking….
    and note that
    society charges 500 to owner ..to give it to society. .we also pay 1000 extra to our owner…for parking.
    so..pls tell .Can society charge rent to owner for his own parking. .which he already bought in aprx.5 lakhs.
    reply soon
    thanks…..

    View Comment
  • Javed Shaikh says:

    Hello. I have purchased a 2 BHK flat in Pune city in Maharashtra State but without a reserved car parking space for myself. We do not have a CHS formed but instead we have a registered Condominium formed. I now want to own a reserved car parking space (open or covered) and hence had reached out to the condominium committee for this. They said that legally the condominium cannot sell any parking space. Rather they can think of giving it on rent to me instead. There are others who own their private car parking space already and it seems they have purchased these from the builder directly. Also there are 2 to 3 car parking spaces vacant and the builder suggested that i could take it from the condominium as these are not yet allocated to anyone. Is there an alternative way to own a reserved car parking space for myself? If you can advise please?

    View Comment
  • Manick Chand says:

    I own a Flat in a co-operative housing society in Mumbai. There is only open parking available and the number of parking slots is lesser than the number of flats. Owners who have earlier got the parking allotted to themselves are in majority in the MC and the General Body and are against rotational parking. Sir, what is the remedy?

    View Comment
  • Aasit Shah says:

    Dear SIr,
    I own Flat in an apartment where builder have alloted me STILT PARKING as complimentary & has provided me ALLOTMENT LETTER. As he provided me complimentary later on & thats why in my REGISTRATION of DOCUMENTS there is no registration of STILT CAR PARKING.
    Please tell me how do i REGISTER the space of STILT CAR PARKING because once society is formed then after it will be major issue. Please do help me out that how do i register STILT PARKING SPACE which has been alloted to me as complimentary by the Builder

    View Comment
  • Niwas says:

    If builder is not allowing car in the complex as we hv not paid purchase price of the parking to him, is this legally allowed? can he do so?

    View Comment
  • Niwas says:

    Can builder stop us from bringing car in the complex aswe have not purchase parking from him?

    View Comment
  • We are living in tenanted building and we 40 tenant and as per rehab rule how many parking will be available for our society.ludav

    View Comment
  • Meghal says:

    Sir if one have own stilt parking and he is parking out side in open space can he be charged double.He is parking his bike there and car out side

    View Comment
  • Ritika says:

    I have a car park alloted in my apartment. My car is not feasible to enter the drive way and get parked in the parking slot. It takes atleast 5 turns to get the car in and out of the parking under the guidance of some person. I am a lady with kid, and I cant do this parking on a daily basis.
    No one is helping out.
    Builder says we have designed it and now we dont care.

    View Comment
  • Sonal Marian Dass says:

    we reside at humayupur and we only dont get area to park our car infront of our house. There are people who fight for the place as they have 2 cars and also reside next to our house,so they take up place for their 2 cars and we dont get.Many taxis also take up the parking in our residential area. what can i do. Atleast we should get for our car as we reside there.

    View Comment
  • Atul says:

    Is there any case law decided or any law/rule under which a member of a Society registered under DCS Act having a reserved car parking is also entitled for common car parking space. If it is than please tell me as our management committee is refusing me to park my another car in common car parking space on the basis that earlier I was being allotted a reserved car parking for one car. There are more common car parking space available in comparison to the total no. of flats in the society.

    View Comment
  • Atul says:

    In continuation of my previous query, reserved car parking spaces are less than the total no. of flats in the society and are allotted on the payment of lump sum amount to the society. I have also paid the same.

    View Comment
  • Deepak Jain says:

    My sister is owner i satying 12 year to this flat socitey say to to take your car out to this socitey my given letter my bother satying ower socitey my family member jonent famliy then he give me notice i cilip your carwhat a laws so pelse help me lawa

    View Comment
  • Vijay says:

    In a large apartment complex, I have covered car parking allotted by builder. can I park two small cars, well within the allotted parking area space, without any disturbance to others. Is it legal and allowed as my cars are not exceeding the parking area lines drawn.

    View Comment
  • Sujoy says:

    Hello

    Feeding stray cats in my reserved parking space. Can I do this please help. Society is having an AGM meeting to stop me from doing this. It is entirely owned by me and paid in full. Please help.

    Regards,
    Sujoy

    View Comment
  • VARIAR GK says:

    1.SIR CAN A MEMBER OF A HSG SOC IN MUMBAI PUT A GRILL IN HIS STILT/OPEN PARKING SLOT TO PROTECT HIS CAR?
    2. CAN THE HSG SOC LEVY ADDITIONAL (OVER AND ABOVE NORMAL) CHARGES FOR PARKING A TENENT’S CAR IN THE PLACE OF HIS LAND LORD’S PARKING SLOT?
    3. IF A MEMBER HAS TWO RESIDENCE IN TWO DIFFERENT SOCIETIES, IF THE ADDRESS MENTIONED ON THE R.C BOOK IS AT “A”, IS HE AUTHORIZED TO PARK IN “B” SOCIETY WHERE HE HAS NO PARKING SLOT OR WHATEVER SITUATION?
    SIR PLEASE I REQUEST YOU TO GIVE THE FEED BACK BY SUPPORTING SEC/BYE LAW/ANY COURT JUDGEMENT IF APPLICABLE SO THAT I CAN PUT THIS IN OUR MANAGING COMMITTEE.– THANKS

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *