• Parking allocation in residential society

Hi, 
I have a 2 BHK apartment in a society in Mumbai. This is a property that was part of a redevelopment scheme and I have taken possession of the same in 2005. We were residing in the property till 2013 post which we have put the property out on rent. In the time from 2005-till date, the society had allocated a parking spot for us to park our car. This is uncovered parking and was supposed to be distributed as first come -first serve, so not part of the agreement. We have been paying rent for this parking since the start as part of our maintenance bills to the society. 
The problems started occurring once we decided to put the property on rent. 
1. Firstly, they instructed us not to provide parking to the tenant and that it could only be used by us. They claimed this was due to some society laws that they had agreed. We had agreed on this and did not allow our tenant to park there but kept our own old car in place. Can you pls let me know if this is something they can legally do? 
2. The problem has now compounded in the last year - they are now claiming that if we put a flat on rent, the society has the right to take back the parking and re-allocate it between it's members. I am confused on this as by putting a property on rent does not mean I have lost my membership rights to the society. I have been paying maintenance charges plus car parking charges and also non-occupancy charges to the society till date with no issues. 
3. They are also trying to prove that my old car is becoming a health hazard and that they are looking to move it out - following which i believe they will try to enforce the above decision.
They have sent me a notice and would like to understand what I can respond and if needed send a legal notice from my end
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

2 Answers

tenant is only nominal member of society

2) he is not entitled to parking slot

3) it appears there must be shortage of parking slots in society

4) hence society directed you not to give parking slot to tenant

5) in case of shortage of slots society can allot parking slots by drawing of lots

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. We had agreed on this and did not allow our tenant to park there but kept our own old car in place. Can you pls let me know if this is something they can legally do?

If this has been resolved in the society general body meeting, you cannot refuse to obey this ruling.

The parking space and its administration is fully controlled by the society.

2. I am confused on this as by putting a property on rent does not mean I have lost my membership rights to the society. I have been paying maintenance charges plus car parking charges and also non-occupancy charges to the society till date with no issues.

The society bye laws will speak on this. You may visit the bye laws as well as the resolutions passed by the general body meeting in this regard. If you dont find any such law then you may agitate and send a notice to the secretary of the society.

3. They are also trying to prove that my old car is becoming a health hazard and that they are looking to move it out - following which i believe they will try to enforce the above decision.

They have sent me a notice and would like to understand what I can respond and if needed send a legal notice from my end

If you have received a notice in this regard, it becomes yor duty to issue a reply notice to the society.

You may consult a local advocate and issue a strong reply notice denying the false allegations leveled therein.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer