Comment on Stilt car parking versus open car parking by ashok bhalla.

Sir, as told i am posting my questions for advise here. Ours society is registered under DCS Act,2003/DCS Rules,2007. It has one seven-storey multi complex of 28 flats raised on pillars with stilt car parking space while other four-storey complexes of 256 flats do not have stilt car parking space. The residents of these four-storey complexes flats and some residents of the seven-storey multi complex flats who could not get car parking space under stilt car parking area/space are parking their vehiles in the open space outside alongside the roads in the society. The society do not have any common parking area/space for parking of the vehicles. The Managing Commmittee of the society has recently marked car parking blocks per flat in the open along side the roads. The Managing Committee had issued a circular in December, 2012 on car parking poliicy for the residents of the society. As per that circular 1st car was made free of parking charges and a Parking fee of Rs.300/- per month for 2nd car, Rs.500/- per month for 3rd car and Rs.1000/- per month for more than three cars was levied by the Managing Committee without approval of the general body. The residents of the seven-storey complex flats are parking their vehicles under stilt car parking area/space without payment of any parking fee for their 1st car. When some residents objected in writing to this arbitrary decision of the Managing Committee, it ( M.C.) got this approved in general body meeting held in January, 2013. As resolved in the general body meeting the funds so collected will be utilized on marking of car blocks and general maintenance by the society. The residents who are owning two or more cars have not been provided any alternative space for parking of their vehicles or services in lieu of car parking charged from them. The M.C. is not providing any safety measures to the residents in lieu of car parking fee in case the residents park their vehicles outside the society. It appears that the M.C. has imposed car parking fee as a measure of deterrent to the residents who are owning two or more cars. The residents of the ground floors flats who have encroached common space and constructed unauthorised building blocks thereby restricting space which could have been available to the residents for parking of the vehicles and thus encroaching common rights of other residents, too have got one car block for their 1st car free of parking charges. My questions are: 1. Is it legally right for the M.C. to charge car parking fee from the residents owning two or more cars without providing them any alternative car parking space or services to them? 2. Is it permissible under the rules to spend funds so collected on general maintenance? 3. Is it permissible under the rules to charge car parking fee for parking of the vehicles in the open space along side the roads, as there is no common parking area/space available in the society? 4. Is it not discriminatory for not charging any car parking fee from the residents who are parking their vehicles under the stilt car parking space whereas other residents are parking their vehicles in the open space? 5. It it not discriminatory to charge car parking fee for 2nd, 3rd or more cars without providing any alternative car parking space or services in lieu of car parking fee?

ashok bhalla Also Commented

Stilt car parking versus open car parking
Who can refer the case to Disputes Settlement Trust-member or resident member/POA holder? Does it provide a free legal service?


Stilt car parking versus open car parking
Can the society charge parking fee for 2nd car, 3rd or more without providing any alternative space or area for parking of the vehicles in the society premises or rendering any services to the members owning two or more cars in lieu of car parking fee as per DCS Rules, 2007?


Stilt car parking versus open car parking
Nothing is mentioned in the society bye-laws over the rights of use of stilt car parking space by the flat owners of that multi-storey complex and car parking policy in the open space.


Recent Comments by ashok bhalla

Rights of Reserved Car Parking Space members
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?


Builders cannot charge extra for car parking space
In our cooperative group housing society registered under DCS Act, 2003 has multi-storeyed flat complex with stilt space. The members/residents who are residing in this flat complex are claiming exclusive rights over the use of stilt area/space as they claim to have paid cost of the flat which includes the cost of land on this structure has been raised. Whereas the other members who are residing in other complexes without stilt are claiming rights over the use of stilt area as they claim it a common area. Nothing is mentioned in the bye-laws of the society over the use of this stilt area or car parking policy in the society. Kindly clarify which of the two claims is legally correct?


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