Rights of Reserved Car Parking Space members

RIGHTS OF RESERVED CAR PARKING ALLOTTEE MEMBERS IN COMMON PARKING OF THE CO-OPERATIVE GROUP HOUSING SOCIETY

 WHAT IF, ALL MEMBERS HAVE RESERVED CAR PARKING SPACE ?

It is the cost to all the members of the Society and the Society. If a society have got ground and first floor as Reserved Car Parking space for all the members of the Society. Every member is able to park their car in the specified, earmarked and allotted space. No one else is authorized to use that space. The maintenance is common maintenance and is same for all the members of the society.

 

WHAT HAPPENS IF RESERVED CAR PARKING ARE LESS THAN THE TOTAL MEMBERS

The General Meeting usually make all adjustments between members on First Come First Served basis. Say if members are 107 and reserved car parking space is 26, certain price (normally high price at that time) is set for the members to opt and pay for Reserved Car Parking space on First come First Served basis.

The money collected is utilized for the benefits of all the members as it becomes common fund of the Society for the use of all the members. All members are well aware that all the members are having equal rights in the common space and now onwards non of them will exercise any rights in the reserved car parking space.

The rights of allottee of Reserved Car Parking are additional (additional to reserved car parking space rights) and exclusive, which means, these members were the share holders of the total common space and they have also foregone their right of that part of the allotted common space and they still have equal share in the rest of the total common space. So such members also have the same rights in the balance common space as the all other members have, who are not having reserved car parking space do have.

 

WHAT IF THE SOCIETY IMPOSES CHARGES ONLY ON RESERVED CAR PARKING SPACE ?

If the charges are imposed only on the Reserved Car parking space allottee, it is totally illegal and utter dis-crimination and all such allottee must fight for their rights

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WHAT IF THE SOCIETY IMPOSES CHARGES ON EVERY VEHICLE BROUGHT IN THE SOCIETY ?

No charges can be imposed on those having reserved car parking space. The rights of those members who are having the reserved car space have paid for allotment of reserved car space. Their right to park the vehicle and enjoy the rights of the space taken by them is exclusive. Other members or say the zealous members legally can not trespass on their exclusive rights. In such a case the Society can impose charges only on those vehicles which are not having the reserved car parking space and in fact the society can not impose on them too.

 

WHAT IF THE SOCIETY MAKES 1 VEHICLE  FREE AND IMPOSES CHARGES ON 2ND VEHICLE OF THE MEMBER ONLY.

In such a case too, the member having reserved car parking space even if having 2 cars can not be charged any charges. His rights of the reserved car space are exclusive to park the car and he has all the rights in the common space like others. Therefore, in case of reserved car parking space holder member can not be imposed charges on his 2nd vehicle. The reason is that, he has paid in advance for exclusive rights of parking in the reserved car parking space and he is parking in that space, so no charges. When his 2nd vehicle is parked any where in the common parking space, it is equivalent to 2nd vehicle of the other members not having reserved car parking space. Therefore, no charges can be imposed on such 2nd car.

WHAT IF SUCH A MEMBER HAS ONLY 1 CAR AND PARKS IT IN COMMON PARKING AND NOT IN RESERVED CAR PARK SPACE

WHAT IF SUCH MEMBER PARKS BOTH THE CARS IN THE COMMON PARKING AND NON IN THE RESERVED CAR PARKING

WHAT IF SUCH A MEMBER PARKS HIS BOTH THE VEHICLES WITHIN THE SPACE OF RESERVED CAR PARK SPACE

IF YOU FEEL YOUR RIGHTS ARE BEING VIOLATED BY A SOCIETY, YOU MAY CONTACT US, CASES ARE ALREADY IN THE COURTS AGAINST EXPLOITATION BY SOCIETIES.

YOU MAY LEAVE A COMMENT BELOW:—

15 Comments

  • Avdesh Gupta says:

    Does the reserved car parking allottee have any right in common parking.

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  • GK Sharma says:

    Our managing committee says that reserved parking is a part of common parking. Please advice

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  • Jay Kumar Gupta says:

    Just let me know whether we, the reserved car parking space allottee, have equal rights in common parking space also.

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  • ashok bhalla says:

    Our society is registered under DCS Act, 2003. It has green area, service lanes and roads as commonn usuable area. There is no common parking area shown in the plan. There is only a stilt space in a flat complex shown in the plan. The DCS Rules, 2007 provide that all the members have equal usuable rights over the common area. It also provides that the managing committee shall fix charges for maintenance of essential services or other services as it may be decided by the general body meeting rationally on the basis of membership only irrespective of number of cars a member has or not or number of persons residing in the flat. The rules have not defined the imposition of car parking charges for cars parking in the open common space or stilt space. The Managing committee has earmarked or specified one car parking block per flat for one car free of charges for all 304 members irrespective of the fact whether a member has a car or not by taking out some portion of the roads. As per approved car policy of the general body the members who own 2nd, 3rd,4th or more cars are asked to pay parking charges or car entry fee in the society premises. The majority of members have one car and have cheated upon the minority members having two or more cars by resolving to impose parking charges at exorbitant and arbitrary rates which are almost 50% or more of the existing maintenance charges on such member who have two or more cars. My questions area: 1. Can the general body by a majority of vote or the managing committee chage the demography of a society or nature of areas as shown in plan as the roads or green areas or service lanes can not be treated or used as common car parking area without approval of municipality? 2. Can the car parking in a cooperative housing society be treated as a service for imposing any car parking charges when the members are being charged building fund for repairs or general maintenance in the society?

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  • vijay khanna says:

    paid Parking space in my society were allotted by lottery. Four members got parking space big enough to park two cars. Now after 10 years the new managing committee wants to us to park only one car as they say that parking two cars destroy the beauty of place. The decision has been taken only by 8 members of the committee unilaterally and not in the general body meeting. pl advise what is the law position

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  • Vijay khanna says:

    The society is in Delhi.

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  • Vijay khanna says:

    let me have your contact details

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  • Ratan says:

    Dear Sir, Recently I came across this site and I hope it will help me address my problem as per inputs from your appropriate authorities.I am living in a Society in Navi Mumbai recently registered under MCA Act in 2011.The construction started in 1998 and we took possession in 2000.It is in Gauthan extension scheme.I had purchased the flat along with one stilt car parking from the builder and subsequently car parking was allotted by the Society before Society registration.In 2002 the Proprietor permitted me to construct a gate on his behalf for my car in front of my stilt car parking. In 2012 due to jealousy and personal enmity of two society member they started objection of the gate and they closed down the gate and I was forced to keep my car either outside the gate or at the corner of the building that too objected by the society.I explained them the matter saying I have taken permission in 2002 from the builder/proprietor prior to registration of the Society under MCA ACT in 2011 so I don’t feel any necessity of requesting re-permission from the same from the society. They went ahead and filed a complaint in the Lokshahi,The Town planning authority requested me to produce permission and plan for additional gate erected, within 2 months time.Since I was posted at other State my daughter had submitted the plan to the Town planning authority.The Planning authority was insisting a NOC from the Society which I could not get till date. I submitted my grievances to the Dy.Registrar mentioning a few irregularities in functioning of the Managing committee of the Society namely The elected Chairman/President never attended any meeting.The Secretary is posted at Assam and Treasurer is posted at Bengaluru.The elected President is Lady and his husband is attending all meetings in her behalf and the wife of Treasurer is executing all financial matters on behalf of her husband. Secretary being away from the station,any meeting even for taking urgent decision the meetings are conducted whenever he is available and as per his convenience .Also, the committee has constructed a WC in the middle of the parking area without any permission from town planning.This structure still exists and has not been revised in the original structure. Now the Secretary is trying to impose penalty for parking of my car in the common space as after closing the gate I can not put my car in my stilt car parking. Further the secretary is encroaching my parking and now a days he is parking his car at my reserved stilt parking whenever he wishes to. The gate under reference has been used conveniently by each member in the past but however the society now seems adamant to not let me park my car in the society premises in any way at all.I have received no cooperation from the society to either provide NOC for constructing the gate or allow me to park in the common space.The secretary in fact states that parking of my car is not societys responsibility irrespective of me purchasing and being alloted the stilt parking. I will be highly obliged if you can provide me any legal assistance on the same.I am willing to pay the required fees as appropriate.

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  • khalid Choudhary says:

    I live in a society which is located in mumbai. The society is allotting the open parking area by paying 1 lakh rs. After alloting, they will charge 100rs/month also. And they also telling the members that that area is for garden of society. How can we solvi this issue?

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  • CVVISWANATH says:

    In our Complex, which is a Society , we paid Car Parking chares to the builder and each member allotted a parking area. Some members dont have cars and so they lease the space for those members who have 2 cars and have only 1 car parking area or bigger second car cant fit the parking area allocated. Society amended byelaws by EGM today, saying Members cant lease out the parking area to anyone else and only to be used for parking their cars. Is this valid under the Law, as we do permit lease of the Flat as owner is ot staying ; so simiilarly same logic should be used when Parking is idle and not used by Owner. What do you say. Thank you.

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  • Anurag Gupta says:

    Dear Sir

    I live in a CGHS Apartment. I have a Covered & Reserved Parking Space. But because of the covered and reserved parking space design there is another car which gets parked in front of my car. Now whenever I want to take my car out the other person does not cooperate at all. Along with that if I park my big car inside that parking then his car comes out of the covered space and reaches till alley where his car gets hit by other moving vehicles. Because of these two problems I am unable to use my parking space and management committee has totally washed of their hands saying that “its private area for both of you and you need to settle between yourself” and the other person is very adamant and does not cooperate at all. Please guide.

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  • Nitin says:

    I Live in Pune , We have 3 buildings (A,B,C) and Builder has created 3 different societies of this one Project . “B” Building is having Less Parking space . Builder has not allotted any Parking of these 3 societies( Buildings). Other 2 buildings are not allowing “B” Vechiles to park in thier Parking area ( Basement)
    Please guide

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  • Nitin says:

    Hi
    I am staying in Pune , we have 3 buildings (A,B and C) . Bulider has formed 3 different societies and each building has Parking space at Basement.But B buliding has very small space so our all members not getting space at our Basement for Parking “B”.
    Other two buildings are not allowing us to park our vechiles at their building Basement.
    Stil our conveyance deed is not done .
    Please let me know if this is the rule that Basement area is propeerty of that builing ?

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  • Anil Mane says:

    I am running Car Rental Business & I own all T-Permit vehicle Only. randomly i use any vehicle for my commuting . Now Society has denied the parking of my T-permit vehicle ( only one vehicle ). Please suggest me right step to be taken to acquire parking space in a ethical way.

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  • CA Gouri says:

    Hi,
    I am residing in Bhyander , in my building builder sold open space to some flat owner at the time of purchase of flat , but some members had not given any cash to Builder for this . Now daily flight between two class happening , those who have paid saying they have right to part on the number alloted by the builder in open space and those who do not have such allotment latter saying that they have purchased the super built up flat hence on open space also they have equal right. Please advice which view are legal and what can be remedies to resolve the issue by managing committee .

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