• Parking policy by Housing Society

I am member of a housing society in Mumbai. I have given my flat on rent. The society has not allotted any parking spaces to members. However society is collecting parking fees from members parking vehicles in the society compound. Some members are parking more than one vehicle. 
The society has passed a resolution for charging parking fees from tenants which is 10 times the amount charged for members. There is ample parking space in the society.
The society has also passed resolutions to prevent members from letting out their flats to bachelors and persons from minority religion.
Does the society have such powers? If not, what is the recourse available to me against the society in the matter of restrictions imposed on letting out my flat and can I complain against the unreasonable parking fees.
Asked 6 years ago in Civil Law

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19 Answers

1. who is on the managing committee of the society??

2. are those persons some chickens?

3. i am aghast when i read in your query that the society has passed a resolution restricting its members from letting out their flats on rent to persons from minority community!!!

4. not only this resolution is illegal but also the resolution prohibiting letting of flats to bachelors and charging 10 times the parking fee from members who have given their flats on leave and license basis is illegal

5. you must approach the district deputy registrar of co-operative societies against the society and its MC

6. also please launch a criminal complaint against the MC members for perpetrating hatred by requiring members not to let their flats to people from minority community

7. such irrational and illogical resolutions are not binding on society members

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

Clear contempt of constitutional mandate. Society is committing crime by issuing such discriminatory rule and promoting religious hatred.

Further, society cannot hold owner to put flat on rent to bachelor unless no security threat. Parking rule is also illegal.

Complain to registrar AND/OR stay from cooperative society court.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hi

See in such matters the main thing that matters are the bylaws of the society which are created while getting the society registered. 

Passing a resolution in society needs the signatures of the majority members. 

You can make a complaint to the Registrar Co-Operative Societies regarding the unreasonable parking fee from tenants. 

Consumer Court can also be reached.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

society cannot restrain you from giving flat on rent to persons from minority religion and bachelors 

 

2) similarly charging 10 times parking fees from tenants is unreasonable as society is collecting non occupancy charges for giving premises on rent 

 

3) file complaint against society before registrar . enclose copy of said resolutions passed by society 

 

4) you can also challenge said resolution before cooperative court 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

All the severe decisions taken by the society may have an approval of the general body meeting and through a resolution.

There would have been amendment to the bye laws also in this regard.

As per law, it is not illegal to rent out the premises or flats to bachelors, hence society cannot force on the owner member to not to let out the same to bachelors.

As far as parking charges to the tenants, the society may decide to charge a little extra from the tenants but not an exorbitant amount as you mentioned.

You can either raise this topic in the next meeting of the society and get a relief on this by gathering support from like minded members of the society or you can write to the society directly venting out your anguish and grievances in this regard ans ask them to modify the same, if they dont listen to your request, you may look for legal course of action by first making a complaint to the registrar of cooperative societies and if you dont get any positive reply from them then yo can approach court with a suit for permanent injunction against the society ion such matters.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Society cannot discriminate members based on there marital status or religious basis.  See if such resolution is passed same can be challenged before the Registrar of societies as the resolution is arbitrary and against the law.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Society cannot pass resolution in an arbitrary / discriminatory manner.

It cannot restrain the  owners from letting out to Bachelors / Minority Religion.  You can lodge complaint with the  Registrar against the said resolution.

Society does not have such powers.  You can file complaint with the concerned Registrar of Co-operative Societies, enclosing copy of the said resolution, by bringing to the notice of the discrepancy in parking and also the high handed action of the Society.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You can challenge same before registrar of society and in High Court that it is violates personal rights of the certain person. Here you need to explain how this will effect your personal right. Here you can also seek for stay of the such bye-laws.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

No it's illegal to make such rules to not rent the flats to minority and bachelors. No such law is prevalent. You can complaint to consumer court as well as dy registrar in this case

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

1. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).

2. As per model bye-laws, Parking should be allotted to members, using yearly "rotation policy". You can put the CHS on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.

3. IF Society fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the CHS member.

4. For issues related to Bachelor Tenants, kindly prefer to visit the following link: Housing Society has no legal right to refuse any Bachelor Tenants /Paying Guests. IF Society refuses THEN it is doing a Criminal offence:
https://chshelpforum.com/bachelor-tenants

5. https://chshelpforum.com/service-charges-of-chs

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Society cannot fix arbitrary amount for tenant parking 

 

2) you should get reliefs from cooperative court 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

See you can get the relief in same as the fee levied is arbitrary and there is no legal and reasonable backing to same also you can raise the issue of such restriction on renting by challenging the society circular in the high court.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Society CANNOT give any separate Parking to a Tenant and neither the Society can charge anything extra, more so since Parking is allotted to Owner and owner gives his own parking to Tenant.

2. Coop. Court  .OR.  Consumer Court can be approached for solving such grievances.

3. Visit:

https://chshelpforum.com/service-charges-of-chs

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Society cannot fix any arbitrary amount.

You can take legal recourse, such as approaching the civil or the cooperative court.you can also appeal to the deputy registrar of housing societies concerning his grievances.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

The likelihood of relief depends on how you present the case and follow it up.

You may strongly argue that the society has no power to charge exorbitantly from the tenants and the charges levied now or arbitrary, unjustified and unlawful.

You may get directions to the society for levying equal charges.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Parking right is inherent with the purchase of flat. No difference makes if parking used by tenant. This rule lack rational and arbitrary, indirect appraoch to prohibit tenancy. 

Relief will grant.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Actually they can charge parking upto 10000 depending on the society and facility given but 10 times is too much you can challenge the charges before registrar and consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

Since the same is arbitrary and against principles of natural justice, i.e., inspite of having ample space for parking they cannot charge such an exorbitant rates for parking.  

The concerned authority i.e., Registrar of Co-operative Society will take action against the said resolution.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Society cannot charge inappropriate Parking fees of 10 times the normal fees from Tenants.

2. Society can make rules for not letting flat to bachelors but cannot decide or make resolution for not letting the flat on basis of race, religion, Caste or gender of the tenant this bye law is against basic structure of our constitution.

3. You cam make complaint against all such discriminatory resolution passed by society the complaint can be filed with sub registrar coop societies or in civil court to declare such resolution null and void. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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