NO, you still hold flat in society and pays MC. Cannot be prohibited. Neither tenant can be prohibited from using your allotted space.
Parking vehicle without staying in society
I have given my flat on rent however I would like to continue parking my car in the same society due to unavailability of parking in my current residency. Question: Can the society ask me to remove my car as i'm not residing there? Is there any law as such? Pointers: I pay car parking charges monthly in maintenance charges. My tenant does not park vehicle in the society. Society does not allow tenants to park within premises. My parking slot is not purchased. Space is divided between car owners under mutual agreements. Thank you for your time!
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
You are flat owner
2)you can park your car in society premises
3) society cannot ask you to remove the car
- As per Cooperative Society Act, only members can occupy and use parking space.
- Further, Parkign Rules are governed by the Developmental Control Rules & Fire Acts and not by the Society.
- Hence, being owner of the said Flat , you are a member as well of that Society, and you have your right to park your vehicle there .
- Even, as per law, your tenant is also having right to use the said parking .
- Since, your tenant is not parking his vechile there, it means , your parking is free to park your vehicle.
- If, the society forbid you for the same, then you should lodged your complaint .
See since you are member and you have alloted parking you can use same without staying in the society.
1. No the society can not ask you to do so.
2. You may go ahead and park your vehicle at the parking space allotted to you.
Regards
There is no such law that if member is not residing then he has to take his car too
Society's demand is not correct
if your tenant doesn't park then you can park the same. Society can't remove it
1. The issue mentioned by you, would have to be passed in any General Body meeting via a Notice-Agenda-Resolution, for the Society to claim back your parking, in the event of Renting out your Flat.
2. In normal circumstances, despite the tenancy agreement, you still derive all the membership rights, including the Parking space.
You can park your vehicle as you are the owner of the flat and member of the society, plus your tenant don't have car.
society cannot remove your car parking, as a flat owner you can park your car.
Hi
If you are owner of flat, you are entitled to parking space (subject to agreement, understanding & bye laws)
You are entitled to park your car under Point No.3 above.
You can park the car in society if you are paying the charges in your monthly maintenance.
If they are taking the parking fees and not allowing tenant to park the vehicle then they are bound to allow you for use of parking space.
The car parking space is allotted to your residential flat, if your tenant is not claiming the same then you can very well utilise the same, the society cannot interfere in it.
