• How to register a society for car park having shop and terrace used as a hotel

We have two separate societies for two commercial office building.there is also a building constructed for car park having shop and hotel/banquet place on the terrace. The car park space was sold separately later to members having commercial units. There is an adhoc committee formed to look at the affairs of the car park building. The committee issues separate bill for maintenance every quarter.

Can this entity be registered as separate society? It has separate bank account and the building is independent of the two societies although the occupants are members in their commercial building already registered as society. 

What aren't he options?

Would be grateful
Asked 4 years ago in Property Law
Religion: Christian

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7 Answers

1. The existing Society MUST make each of the commercial galas (garages, hotels, offices) as their own members, after issuing them Notices and subsequently issue them Share Certificates.

2. The new members shall become at par with the existing members, for all purposes, IRRESPECTIVE of size of galas or usage of galas or whatever.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If the building have its own Society for the maintenance then this society cannot be registered but an arrangement can be made to look after the affairs of parking area by making a committee in this regard and recommend the maintenance of parking in the actual bill to charge.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

It can be registered separately but it must have minimum 7 members for its registration.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

If the car parking space is a separate unit and has been a registered unit on the name of any society/association, then what is the necessity for registering it as a society anymore?

Who does this car parking space belongs to?

If it belongs to members are already a member of another society of commercial shops then they can combine to form a society for this alone by making suitable bye laws for all other activities similar on the lines of the regular society but restricted to the parking activities alone.

This can be decided by holding a meeting of all the members of owing this car parking space.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

If it is coming under the same building then the whole building or the complex may be registered as society with bye laws governing this issue separately as per its status.

A meeting of all the members of the complex may discuss the issue at length, if need be with the assistance and guidance of a senior advocate, take decision accordingly and within the frame of law governing the issue.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

a separate society can be formed for the car park building

because the members of the two commercial buildings are not common with the allottees of the car park building as some members do not have garage spaces

so these allottees to whom the car park spaces have been sold can form a co-operative housing society separately and this society can then look after its management and affairs independently of the two commercial societies

if a separate society is not formed then to maintain the car park building the two societies will charge all the members of the commercial buildings and this will not be fair to those who do not have a garage space or car park in the car park building

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. They have to be registered as unit;

2. The demarcation can be made by the AGM of the Ad-hoc committee;

3. The committee should sit with the builder and take the decision in unison;

4. The parking and the garage should be allotted on rotational basis;

5. Certain changes need to be made in the bye-laws and the Registrar can also be approached;

6. If the committee faces difficulty then the Registrar can appoint an administrator of the building.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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