• Allotment of stilt parking in chs

I am having 2 flats in a society. one is in my fathers name, and one in mine. i have car from last 5 yrs. its parking was charged in the maintenence of flat of my fathers name. this stilt was alloted to me 6mnths. back. now the cars have increased. and the society wants to re-allot all parking.
i have rented out the flat in my name, and the tenant is not having a car, only a bike.
the society managing comitee is saying tht. 1) name of the flat owner and car owner on rc book has to be same. they will not allow /allot to cars in family members name??
2)because i have rented out my flat in my name i cannot park or get allotment of car.
3) why cant. i nominate my 1 car from 2 flats for allotment??
4) what to do if they do not agree?? where to complain??
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

You can challenge the act of society by filing dispute in co-operative court. You can issue prior letter/ notice to management asking them to provide the parking space for vehicle and further whatever they reply you can initiate action as per expert advice.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) in car parking slot allotted to flat owner his family member staying with him can park his car

2) there is no provisions in bye laws that name of flat owner and car owner should b the same

3) tenant cannot claim right to park car in society premises .

4) only flat owners have the right

5) if there is shortage of car parking slots society can by passing resolution limit allottment of car parking slots to flat owners who are staying in the society premises

6) complain to deputy registrar cooperative societies against society

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

you are not staying in said flat

2) you have flat on leave and licence

3) if there is shortage of slots preference would be given to members staying in said society

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Is there a separate area for parking the bike or is the tenant using the stilt for parking?

2. You should be still given one area for parking;

3. Ask your father to send a letter to the society permitting you to obtain a parking;

4. If they still do not then send a legal notice;

5. If the problems persist then complain to the Registrar or directly approach consumer court for deficiency of services;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You can issue prior notice to management asking them to provide the parking space for vehicle and further whatever they reply you can initiate action.

in car parking slot allotted to flat owner his family member staying with him can park his car

there is no provisions in bye laws that name of flat owner and car owner should be the same

Only flat owners have claim right to park car in society premises,

tenant cannot claim right to park car

if there is shortage of car parking slots, society can limit allottment of car parking slots to flat owners who are staying in the society premises by passing resolution

You can challenge the act of society by filing dispute in co-operative court.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1. the rule that flat owner name and car owner name as appearing in RC book has to be the same is clearly absurd

2. a flat owner does not live in the flat alone. he also has his family members who live with him

3. also the flat owner may decide to buy a car and register it in his family member's name

4. therefore denying car park on such a ground does not make sense and can be challenged

5. society can do the re-allotment of car park only if there is a disparity between the number of car parks and flats

6. so if there are more flats than car parks, then society is entitled to do a re-allotment so that all members get a chance to use the car parking on rotation basis and no member is discrimination by not being allotted car park

7. re-allotment on the ground that the cars have increase is thus wrong

8. you are definitely entitled to opt for allotment of 2 car parks in the re-allotment (one for your father's flat and one for your tenant) only if the number of car parks are more than the number of flats

9. if the number of flats is less than car parks then you cannot insist to be allotted 2 car parks

10. depending what is the actual situation in your case (whether number of car parks is more or less than the flat numbers), you can write a complaint to the deputy registrar of co-operative societies for your ward, against society

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

assuming number of car parks is more than number of flats:

then whether you select same car for both the flats or two different cars for each of the flats, will not matter

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1) name of the flat owner and car owner on rc book has to be same. they will not allow /allot to cars in family members name??

2)because i have rented out my flat in my name i cannot park or get allotment of car.

3) why cant. i nominate my 1 car from 2 flats for allotment??

4) what to do if they do not agree?? where to complain??

All these things are to be discussed in the general meeting of the association and a resolution to the effect has to be passed to amend the bye laws of the association.

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.

The apartment complex “Solely” owns the common spaces (Stilt or Open)

The members DO NOT own these spaces

Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members

Registered members include family members and associate members

Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

why cant. i nominate my 1 car from my 2 flats one in my and other in my fathers name for allotment??

tht will increase my chance of getting allotment of stilt. is it not right

You have to take up this issue with the management committee or during the annual or any special meetings only.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 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