flat owner is member of society
2) society generally does not insist that car should be purchased in flat owner name . if any member of family staying with flat owner is having car in his name then he can park the car in slot allotted to member
Parking eligibility
Who is eligible for parking in stilt and open area. our society says that who own the flat is eligible for silt parking if car is on name of wife and son and owner of flat is husband of father then they are not eligible for stilt parking is this right what by law says ? In by law written member can park. member means owner of flat or member staying in flat like wife, son,father, brother wife,
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
The member father is eligible for the parking and his family member can park there car in same.
Member is the owner of the flat.
The flat is sold with one factor and that parking can be used by the residents of the flat and in case there not using their parking cake and give it to somebody else as well in case parking has not been allotted along with the flat and is owned by the resident welfare Association then the association can make the rules in this regard but in any case that ruled should be thrice why all the resident members are been resident welfare society in AGM in this regard otherwise anybody can use the parking as per their allotment however the resident welfare Association cannot make rules from person to person in case you have any problem with resident welfare associations you can complain to Registrar of societies and Chits along with someone else who is also facing the same problem
but society say priority to first to member who has flat owner name on it they are saying the are allotting parking first come first basis and who have car and priority to member then their wife and son.
Asked 6 years ago
execute gift deed in favour of wife so that she becomes co owner of flat . then she would be entitled to parking slot
No society is wrong in this matter the owner is eligible for car parking even if car is owned by his/her family member name.
- Member of society means owner of the flat, not his family members ie wife, children.
- However, facilities of society are extended not just to the owner; but also to the inmediate family who is residing with him. This means facilities are extended to wife and children. So just like facility of security, sweeper is for the entire family; parking is also for entire family. However the area for parking is obviously limited; so society is fix a cap on number of vehicles per family to be permitted parking in society premises
- If your society has stllt parking, it cannot deny your family (ie wife or children) that, provided your family uses the number of vehicles permissible.
See society as per there bye laws can allot the car parking though the member can seek car parking for the car of family members also.
Every member of family entitle to all benefits equally and car can be owned by any family members. Committee is idiot.
Rule is bullshit, easliy be stay by court or complain to registrar.
The society cannot stop the son, wife or father of owner who is residing in the flat from using the parking if the said parking has been allotted to the flat owner along with the flat, even if the parking is common even then the son and other relatives who are residing cant restrict.
No it's absurd. One parking is allowed for the flat owner or rental tenants. Apart from then there is 25 percent reservation for visitors in parking. You can complaint to registrar as well as approach consumer court
1. IRRESPECTIVE of who owns the Vehicle, the Flat Owner is legally eligible for Parking Slot in a Society. Note that the Flat Owner might be using a Co. owned car which the Co. has given him for usage, because of his status in co.
2. A Solution lies in filing a grievance petition before the local consumer court, against the Society for its negligence & deficiency & harassment and request court directions to society allot parking. You also become entitled to damages & compensation for the harassment etc....
The owner of the flat may be wife, but the care owned by the husband belongs o the wife also hence she is eligible for stilt parking if the bye laws says so.
Member means that it is not the flat owner alone, but it includes his family members also.
The society is wrong if it tell that, it cannot frame a new rule on this and this stand taken by the society is not heard of in any provisions of law, you can issue a legal notice to the society and can file an injunction suit against the society to restrain it from allotting parking space to any member till the disposal of this suit.