Stilt parking in co-operative group housing societies and DDA flats

Stilt parking in co-operative housing societies: WHAT IS STILT: The stilt is the space, under a building left for use of common purposes for the residents or owners of the building. It is space from which the Society or the RWA can earn income even from members for casual use as determined and passed in a general meeting of the Society or RWA.

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The question arises, whether the space under the stilt can be used for car parking and can the society or RWA charge the car parking charges for parking under the stilt ?

The legalpath evaluates the issue in simple terms. i.e. What is the stilt space. In our researched terms, this is the common space which can be used for any common purpose of the society. Say for instance, a person may use it for celebrating birthday, a small gathering for teaching yoga, for having a meeting etc and also for parking of bike, bi-cycle or  even a car.

When a member of the Society or RWA want to uses the stilt space regularly i.e. on daily basis, the Society or the RWA has to make rules for it and get these approved in a specially called general meeting for this purpose.

SPECIALLY CALLED GENERAL MEETING is that meeting, in which the background of the problem or requirement, the name of the Agenda and proposed resolution which the committee want that the General Meeting should discuss and give its decision is communicated to all the members in writing along with the Notice for General Meeting of the Society or the RWA.

While considering any resolution in a general meeting, it is essentially required that such a resolution should not violate any bye law or law of the land. It is always better to seek a legal opinion from a Advocate practicing in this area to give his / her legal advice. This will enable the committee to convince the members and also defend their personal liability if a challenge is made at a later stage.

The organization are free to approach the legal path to recommend such schemes which will not dis-criminate among the members and shall be feasible schemes for the welfare of members. They can also appoint the legal path as Arbitrator in case of any dispute happens in future under the Arbitration and Conciliation Act, 1996.

Click Here for Judgment of Arbitrator Mr. SC Khatri dated 4th March, 2014 on Common Space Car Parking imposed by Society are illegal.

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4 Comments

  • Nilesh P says:

    Dear Sir/Madam, I am staying in CHS and we have purchased stilt reserve parking from society when we got possession i.e. 13 years back. few years after society issued few 2 wheeler owners parking space between 2 cars. which causes damage our car. We have given many complaints to society but they did not taking any actions. Infact they are threatening us that they will take back our parking space by passing resolution in AGM. Is it possible ? that they can take back our parking space ? Please advise

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  • Sehgal says:

    Dear Sir, My friend has already met you and told about your web-site. I want to file case in RCS or Consumer Court. Please give your phone number.

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  • Dr. anubhuti says:

    Dear expert, I am the resident of CGHS society in Rohini. What are the rules for the car parking in MIG flats where there are only 25 stilt parking and rest cars are being parked in the open common space. Due to increase in the no. of cars it was decided that the open space will be marked for those owners who do not have stilt parking so that each owner can park their first car. But now the owners of stilt parking are asking for the marking of the space for their cars also which if free space. Is it justified.

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  • Dr Amit Suman says:

    Dear sir
    I have bought a new flat in a cghs society in Rohini sector 13. After getting the registration done we have shifted to that flat in July. There is a so called rule of allotted open parking for every owner. So when we bought this house the same parking space should also be transferred to us as we are continuesly making the advance payment. But the management have started to misbehave and said that our parking area has been allotted to someone else without even informing us. Kindly suggest us what to do????

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  • Raj Kumar

    Dear Sir. My problem and dispute with my co-operative society was fierce and long pending and I am extremely thankful to you for guiding me and I also thank your Legal Experts for winning the case in High Court.

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