• Parking-Society authority

Ours is a small Housing Society of 19 Members. EACH MEMBER HAS  a ear-marked parking space (Stilt/Slot). First-time purchasers had apparently paid a deposit for allotment of a stilt parking space. Therefore, only some of the original buyers have an ear-marked stilt-parking. Members apparently paid the builder for the parking space by way of a deposit. Some Members have the Deposit receipt; the reason for the deposit is however, not explained. No mention of purchase of parking space is made in the Sale Agreement. 

Many original Buyers have since, re-sold their flats. In all cases of re-sale, the parking  stilt/slot, was a part of the purchase of the flat and is clearly mentioned in the Sale Agreement between the first Owner and the Purchaser. . Also, the Society had issued NOC which clearly mentions parking entitlement. The Society also, recovers Property tax (as distinct from a parking fee which is applied to subsequent Slot-allottees). 

In one case, a Member had sold his stilt parking space to another Member who,consequently, now has 2 ear-marked stilt parking spaces. 

In view of the legal interpretation (Judgment)  two Members now, want the Society to re-claim ALL parking spaces-(stilt and slots) and re-assign them by rotation. Society Members, other than the two, are comfortable with the existing arrangement and do not want to get into hassles of claiming the parking spaces nor, of subsequently, allotting them by rotation and getting into unnecessary legal expenses in the eventuality of an existing Member suing the Society. 

Accordingly at a General Body Meeting, by a vote of 15;4, the Society concluded that NO CHANGE in the existing arrangement is necessary. The reasoning is that the two members can take up the matter formally with the concerned authorities/Court of Law and until a directive is received, no change need be initiated. 

This would mean that the Society makes no mention at all about parking  (stilt or slot) in the NOC for the Flat and allows a stilt-parking to be transferred to a new buyer , along with the flat in case any Member decides to sell his flat.

IS THIS POSITION TENABLE?
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

All decisions of the Committee of Management of the society, need the backing of the byelaws. What is impermissible under the byelaws, can't be otherwise resolved/decided by the society.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Parking slots form part of common areas for benefit of all members

2) the resolution passed by AGM is contrary to SC judgment

3) society must abide by the bye laws

4) it would be binding on the society

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Merely because it would cause inconvenience to members is no ground for society to not adhere to the bye laws

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

1. Sir you have to follow the byelaw. And you cannot do anything in contrary to it and any decision taken up by the General Body in a meeting which is contrary to the byelaw will be void ab initio.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

follow the society rule and regulations, decisions of the Management of the society is binding on the society, need the making of the bye laws.

Surendra Sonawane
Advocate, Nashik
2 Answers

4.0 on 5.0

General Body of the society can not make any decision which is not at par with the Bye-Laws.

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

The case as told by you in non tenable in the eyes of law.

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

The resolution passed by the society is binding on all the members.

The dissatisfied members can approach court and get an order in their favor if they object to the current system and the court order will prevail over the resolution of the society passed in the general meeting.

It is always advisable that the society be a registered body.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Must the Society Bye-Laws be applied in totality or can the General Body of the Society make a decision which is not a strict adherence of the Bye-Laws.

The society bye laws are just guidance, the resolutions passed by the general body meeting shall be the ruling in accordance with the guidance in the name of bye laws.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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