there is no cooperative society formed no bye laws adopted by association
2) MC can take decision regarding rentals to be charged to flat owners
3) if you are aggrieved by the decision raise issue in AGM
4) pay Rs 400 per month under protest
Parking Issue in a stand alone building
I have recently brought a 3 bhk flat in a stand alone building. There are only five car parking space. I have a motorcycle. We have a flat owners committee, it is not registered, not audited it's account till today form it's formation (2003). I have no parking space. Now I am parking my motorcycle in a common passage which is not making any problem to other owners. Yesterday committee president told me to submit Rs 400 as rent for use of common passage (though commercial parking rent nearby is Rs 300-500. As I know common passage include parking space. I want to know that Whether President and Secretary can impose this to me without general body meeting? Whether the committee at all take decision about the rent ? Am I bound to give rent for my two wheeler?
Asked 8 years ago in Property Law
Religion: Hindu
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11 Answers
Sir, if it is not registered , then there is no RWA .. The association is not valid and therefore he cannot act as a president
Yes the society is not registered. They don't have any bank account also. Without discussing in general body meeting is it legal? I have a two wheeler only. There are two other persons they also use common passage as parking but only President and Secretary is imposing rent to me. Is it legal right.
Asked 8 years ago
Legally they cannot impose parking charges on you, since he is not in a authoritative position to do so
1. If the comm0n passage is meant for entry and exit then technically you can not park there.
2.If that is so then they can not take parking fees are well to let you park your bike.
3. This committee since not being registered nor formed as per democratic process does not have any legal sanctity and hence they cannot stop you parking your bike as committee member.
4. However any of them as being the flat owner can restrain you from doing so.
5, Hence I would suggest you to settle with them and park your bike on amicable terms.
Hello,
They can not take the decision unilaterally, you can make a complaint with regard to this to the registrar and may inform the registrar anout other irregularities also.
Regards
1)car parking charges has to be imposed on all members
2) you cannot be discriminated against
3) in your reply to secretary ask for copy of resolution passed by MC
4)MC can pass resolution for levy of car parking charges
- He's having no authority to slap this imposition on you unilaterally.
1. You have not bought any parking space or garage fr parking your bike.
2. You are using the common passage for your personal purpose for which the Society can charge you fees/rent after being approved in General Body meeting.
3. The Secretary or President in individual capacity can not impose any charge on you without the specific approval of the members in the form of a resolution passed in general Body meeting.
1. The Society can impose rent/fee on you for your using the common passage for personal purpose.
2. No individual, can levy any such charge without the approval of the members in a GB meeting.
3. The rent/fee should be equal for all using the common passage for personal purpose.
Generally the parking fee is charged on the four wheeler parking only and not on two wheeler parkings.
This is done by the registered society or the registered apartment owners association.
The unregistered society need to take such decisions on consensus only and not unilaterally.
The parking space is no doubt common area and comes under the society but they cannot suddenly charge the fees arbitrarily.
You can refuse to pay and inform them to issue notice to which you can give a suitable reply challenging their authority on this.
Yes the society is not registered. They don't have any bank account also. Without discussing in general body meeting is it legal? I have a two wheeler only. There are two other persons they also use common passage as parking but only President and Secretary is imposing rent to me. Is it legal right.
This seems to be an action taken on vendetta by the vested interests.
You can refuse to pay the same and ask them to give it in writing quoting the relevant rules that this is charged under the provisions invoking a section or clause of the bye law in vogue.
You can challenge the same by giving a reply notice