Yes. Society is well within it's rights to prohibit parking of commercial vehicles
Parking of commercial vehicle in open space of the building
My society has allowed private cars free of cost in the common open space outside the society building which belongs to the society. I have a T permit car running in Uber. My terms with the secratary of the society are not very cordial. He has just issued a notice on the common application used by the society that any commercial vehicle cannot be parked in the common space where as private vehicles can be parked. Just wanted to know if this is legal as per the law. Also can the managing committee pass such order. Please help
Asked 5 years ago in Property Law
Religion: Hindu
16 Answers
But the car is not using for commercial purpose in society. Further owners owns the car has inherent right to use parking space whether comes under commercial use. Light motor vehicle wherhe commercial or social dose not make any difference except permit which is subject matter of RTo and not of society. Differenctian not valid.
1) MC can allot car parking slots as per bye laws adopted by society
2) if commercial permit car is owned by you society should not object to parking of vehicle in slot allotted to you
3) you can challenge the notice issued by society before cooperative court
Dear Mr Sethi Thank you for your response. The parking space is a free parking space where any visitor or society member can park thier cars without any allocation or rent. As they have asked in general which indirectly points out to me to move the car outside the society premise under what section or sub section can this be challanged. Also fighting the case in the court of law will drain me of my finances and time whereas the managing comitte will foght the case on the society expense. Is there any other way or authority where I can complaint and keep the court case as a last resort. Please help and suggest.
Asked 5 years ago
1) complain to registrar against society office bearers wherein you are not been permitted to park your self owned vehicle in free parking slots
No, there is no such rule as per the MCS Act and rules. But the such by laws has been created by the society then you have to obey the rules, still you can challenge such rule in the sub registrar office (MCS) of your area.
1. In a "Residential ONLY" society, residents can park their own personal use vehicles.
2. Commercial vehicles (with yellow number plates) are not personal use vehicles and will be considered as a security risk to the residents.
3. Courts too won't provide any relief for any parking spaces for such commercial vehicles. Hence this would be a failing battle.
Hi
I would advise you of putting this matter in front of the Registrar Cooperative Societies. Mention in the application that all types of vehicles and also the vehicles of non members of the society are parked in the comman area while the secretary having personal rivalry with you is not allowing you to park your vehicle
Thanks
A builder has to provide a certain number of parking spaces basis the number of units of houses
As per MCS rules, a member is allowed to park his vehicle in the parking space allotted to him/her.
There are no such restrictions that the car is for personal use or for commercial use.
The rule is that the the car should be in the name of the owner or the tenant if the flat/apartment has been let out on rent.
If there has been any bye law objecting the member parking his commercial vehicle in the parking space allotted to him then this bye law can be questioned about it maintainability by issuing a legal notice and by following it up through the registrar and court.
In my opinion the society may not be within the rules to object the member to park his own vehicle whether private or commercial
You should concentrate on the relief and not on other aspects.
If you cannot legally challenge the matter then you may have to sacrifice the parking space and take out your vehicle to park it elsewhere.
First you issue a reply to their notice demanding the rules by which they are objecting to allow you to park your vehicle in the open parking space when they allow even visitors vehicles to park there.
Later on you can move the registrar of cooperative societies with a complaint against the society.
If that also do not fetch you the desired result then you may move to the cooperative court for relief.
If the society do not listen to your request then you may have to handle it by legal process only and not begging those people or be at their mercy
It is a commercial vehicle but it belongs to you. It is a private vehicle. The order is absurd. Don't follow it. Give a notice to the secretary and park your vehicle in the society. Lodge a complaint if needed.
File before a registrar society.
1. Every rules of a society deepness on the bye laws of the society and no managing committee headed by the Secretary can bypass that.
2. As long as you do not have multiple commercial cars of one commercial cars is causing nuisance to the society members, such restraint order of the society is not legally tenancy and hence you can challenge this in the court of law.
If the commercial vehicle belongs to the member he can park the same
No society can restrain its member in parking his car if the same is used for commercial purposes Four wheelers of any kind owned by a member will have to be allowed to be parked in the premises whether it is for commercial or for individual use.
1. Society have no right to stop you from parking your car in the society even if it is used for commercial purpose or bears commercial number.
2. You can send reply to notice stating that vehicle is owned by you and as you are residing in society so it's your right to park the vehicle in premises of society.
3. If they refuse even after reply then you can make complaint to registrar of societies against the illegal notice from secretary.
You can file complaint before Sub Registrar.