Hello, I stay in a Cooperative Housing Society Limited since December 1993. I used to own a car till 2004 and park it in the parking space allotted to me. I used to regularly pay the parking charges as a part of the society maintenance charges. I sold the car in 2005 and my parking space was allotted to another member of the society. Now, I have again purchased a car in November 2017. I have requested for a parking. The society is demanding Rs. 25000 to allot parking space to me. Is this valid? Though there are some members who have 2 cars and are parking both cars in the society premises. Please advise ASAP as we are being forced to park our car outside the society premises if we do not pay Rs. 25000. Thanks & Regards, Hitesh Kumar
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The demand is valid, subject to the bue laws of the society. If the bye laws says so then the demand can be made.
If there is no such provision in the bye laws then move an application before the Registrar for arbitrary and illegal action of the members.
Issue them a legal notice before perusing the case.
Regards
1) has any resolution been passed by AGM / MC regarding payment of deposit of Rs 25000
2) society can allot car parking slot on payment of charges
3) however every member should be given one parking slot
4) it should be done by drawing of lots
5) complain to consumer forum against society if you are being discriminated against
If society did not compensate you when your parking space was allotted to another person then society cannot claim allotment fees as 25000. In this condition such demand from society is illegal.You are entitled to get parking space without paying any fee.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots. Parking space number is decided basis the Lay-Out Plan as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces. Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
First you check the By-law and resolution of AGM of the society with regard to the prize and norms about car parking. If you have any complaint against the society then file it on Registrar or move consumer forum against society .
This is the grey area taking advantage of which many society try to milk out of the situation.
First refer to the bye laws of the society in this issue.
If there is nothing on allotment fees then you can refuse to make such payments.
If that does not resolve the situation then lodge complaint with the Registrar of cooperative society to adjudicate the issue.
The demand of the society for allotment fees seems unreasonable.
Depend up on the by laws of your socity
Please see the sale deed or agreement that was given to you by the society at time of purchase of property... If there Is a clause specifying that you are entitled to parking space then you need not pay any excessive amount further you can proceed to fIle consumer suit against the society....but get your document scrutinised without which nothing can be answered
Is the decision of the Society to charge a fixed allotment fee from your in lieu of allotting you a parking, backed by any resolution?
If not, any such demand is illegal and not liable to be met.
Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void.
So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”
The typical parking charges are laid down by the general body. They may range from Rs. 10 to Rs. 10,000 per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members
