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

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

ashok bhalla Also Commented

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.

Stilt car parking versus open car parking
Nothing is mentioned in the bye-laws of the society about car parking policy and use of stilt parking space in the multy-storey complex or rights of the flats owners over the use of stilt parking space in the multi-storey complex. No lump sum amount has been charged for parking vehicles under the stilt from the flat owners of this multi-storey complex.

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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