You can file a complaint to dy registrrar about such illegal conduct. You can also file police complaint for the harassment. You can also approach co-operativs court to challenge the illegal resolutions if passed. You can also file consumer complaint before consumer forum
Misuse of free common space by converting it to common parking
Hi, I have a query regarding use of common free space available in society (Association of Apartments) which is being used for parking even though it is not allocated by builder. In my society each member has an allocated parking slot. However there are members who have 2-3 bikes which cannot be accommodated in their own parking. These members have collectively taken a decision (not recorded in any meeting minuted) to use the common space in front of my allocated car parking as common 2-wheeler parking. I agreed in good faith till I realized that a handful of people are using this space as dumping their unused or extra bikes. I raised the concern for misusing the common space, I was the chairman of the society at this point of time. I have called a general body meeting and people agreed to not use that concerned space for common parking as it is not allocated by builder and also as it is obstructing general access to duct area of building. This has been recorded duly in meeting register. However the people, who used to park their vehicles there, ganged up and called another meeting. In that meeting they forced me to let people park their vehicle in that area. One of them also abused and threatened me once I proposed that common space in front of their parking should also be considered for the same purpose. I have consequently resigned from the post of chairman and people went back to their old routine of parking their vehicles. This was not recorded in meeting minutes as meeting did not end well. I wanted to lodge a police complaint but the members talked me into not doing it as the person who hurled abuses apologized in pressure. Now the problem I am facing is that while most of society members use the free space adjacent to their allocated parking for parking their bikes, I have do not have that option as people have declared space near my car parking as common 2-wheeler parking. So eventually these people are parking one bike in common space near their car parking and that of other bikes in front of my car parking. The other society members, while sympathizing with me personally, are not saying anything in anyone's favor as they think it is none of their business. When I think logically it appears that whatever is happening is not fair with me. But since I do not know the law related to this I am wondering if I could do something in this regard. The said group of people is continuing to harass me over the same and threatening to damage my vehicle in case I park my vehicle outside my parking like they do. I would appreciate your opinion in this regard. Thanks in advance.
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
Hi,
You are suggested to take photographs of their vehicles parked in unauthorized manner in front of your vehicle and the after gathering documentary proof file complaint to police for their nuisance, harassment and criminal conspiracy. It is quite possible that action against one or two persons will deter other person from troubling you.
Common areas cannot be used for parking purposes unless it is designated as parking slot by society in AGM
2) you can object to bike being parked in common areas
3) if they refuse to listen file application in
coop court and seek orders to direct members not to park bikes in common areas
1) At the time of sanctioning layout plan from PMC common parking for 2 Wheeler and 4 wheeler must have mentioned in it.
2) While taking handover from builder society may have taken in written all details, so kindly check those rules.
3) Common area parking will remain as it is will not get changed unless it is approved in AGM.
Common space cannot be converted into a parking unless the same is ratified in the minutes recorded of AGM.
You can file a complaint in cooperative housing societies court or to Deputy Registrar of cooperative housing societies and seek appropriate orders restraining them to park their bikes near your car parking.
A complaint with the police about the violation of the parking space and also the arrogant and rude behavior of the embers who park their vehicles in the parking space allotted to you, would be an option before you to rectify this problem unless these people may not allow you to live in peace in the apartment premises.
Since the issues have been recorded in the minutes book of the association you can cite that as an evidence before the police to prove the illegal activity of the members who do it intentionally.
No legal notice will serve the purpose to the arrogant people, in fact it may even aggravate the issue further more.
Thank you everyone for your suggestions. I really appreciate. Since these people have ganged up and no one else is saying anything, it is highly probable that they would get this space approved as parking in AGM. I am sure they must have been planning to join the committee. Please note there are other vacant uncovered parking spaces in society which can be used but as this one is covered hence all the issue. All of these people, who are creating problem, have uncovered allocated parkings. Can people legalise anything in AGM even though it is causing inconvenience to someone? What should I do in this case. The concerned free space is the only passage to duct area which this illegal parking blocks partially. Vehicles are also being parked in duct thereby not leaving any space to move in duct. And in the event of any imergency like fire I fear this would pose measure threat on members life. Thanks for help.
Asked 6 years ago
In event any such resolution is passed in AGM you can file application before cooperative court to challenge said resolution
File complaint against them as advised above. Even if it is passed in the AGM and is found to be not in consonance with the prevailing laws, it will be set aside.
You can record your objection towards this in the meeting and issue a legal notice to the association stating that the decision taken encroach the parking space of a member in the meeting is illegal and invalid, it is also against the bye laws to trouble and torture the members by such unlawful decisions in the meeting.
You may warn them that you may be constrained to approach court of law for relief and remedy for which the association and its members will be held liable for the costs and consequences.
Thus without initiating any legal action you may not find any solution to the predetermined arrogant decisions.
You can still challenge that illegal resolution before registrar and co-operative court
Dear client
You should lodge a formal complaint regarding misuse of common space and blocking you car parking and duct area also threatening you for consequences if you oppose the parking.
Also you can file a civil suit in the court in which you should make your association as a party and all the person opposing you as party of the suit to issue mandatory and permanent injunction to all of them to not use common area as parking of 2 wheelers.
