Dear client,
Members have right to access society office and documents. And common area cannot be put to specific use for particular owners. Complain to registrar.
Common area given for bike parking
Dear All, I'm from Bangalore . In my apartment we have well fair association. Recently my apartment old MC team has allocated bike parking for some owners. They have put flat no into bike parking slot. My question is , is MC team have right to allocate parking space. Also , common area belong to all owners , how MC team allocate mine common area to any one name. Pls help . Can I go to file a case ? This parking allocation decisions taken by few people not all owners. We have 350 owners stay into apartment. One more point , when I ask where is parking allocation amadment documents , they not provided me. They told that decision has taken in a Owners meeting and people agree on it. Now I'm part of MC team , what I can do into this issue. Also pls help me to go for legal things
Asked 7 years ago in Property Law
Religion: Hindu
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15 Answers
See the managing committee for welfare can allot common area if the decision is passed in meeting and the decision is taken in writing and signed by the association committee.
You can seek legally the copy of allocation letter if there is no such allocation in written then then it is illegal.
Common areas is for benefit of all flat owners
2) if you are unhappy with MC decision raise issue in AGM
3) issue should be on agenda of AGM
Thanks Sir, Now we have new MC team, I'm also part of MC team. Now what we can do to remove bike parking slots. As I told old MC team not shared any document s for bike parking allocation s. Decision has taken in few owners meeting.
Asked 7 years ago
Previous order shall be over rule by newly constituted team and copy shall be attach in office notice board.
See the new committee can pass resolution to cancel the allocation.
1) requisition an EGM for removal of slots given for bike parking
They can't allot common areas unilaterally they need to take consent of all members. You can file a Complaint to Dy Registrar for the same
you can challenge the resolution in the cooperative court by filing dispute.
Dear Sir,
You may call for Extra-ordinary Meeting with the consent of few others and raise such issue/agenda and discuss and remove that clause. Otherwise the other flat owners have to suffer a lot.
1. Parking Allotment resolution has to be passed unanimously in a General Body meeting.
2. Decision taken in private between owners are legally not enforceable in a court of law. The court will ask for resolution of general body, for finality.
3. Call a proper notice-agenda General Body meeting and pass proper resolution for the same.
Keep Smiling .... Hemant Agarwal
Bike PArking allotment carried out by MC, with AGM decision means valid. because it involves UDS, which belongs to all owners. Majority of owners agrees for the bike parking allotment, you can do. No documents other than minutes book is needed.
Conduct an AGM and pass a new resolution
Before passing any resolution just see that whether any payment has been made by such bike owners or not
The decision to allocate the parking area for two wheelers parking in the common area shall have to be taken up after the approval of the same in the general meeting by passing a resolution.
If this procedure was not adopted then this can be disputed and get it revoked in the next meeting.
But who cares, nobody bothers about law or rules.
You may take it up in the next meeting.
Yes, you can decide in the next meeting about this accordingly.