• Car parking in society premises

HI 
We have Common parking in our society premises,Members are allowed to park one car per flat.We have demarking area for parking with limited parking space where first come first allow to park

I have my car which is in use for commercial purpose(tourist vehicle) to which society committe members not allowing to park the same inside premises.

Please suggest the way out
Asked 5 months ago in Constitutional Law

3 answers received in 10 minutes.

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30 Answers

If you are the owner of the flat and same owner of the particular vehicle. that one vehicle you can park it. You can't change on daily basis vehicle or the vehicle of other owner name.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

You are entitled to one car in society premises 

 

it is immaterial whether car is sued for commercial purposes or not 

 

complain to register against society refusing to permit you to park your car 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You are onwer of the falt and entitle to park one car. Doesn't matter whether it is used for commercial purpose. Avoid them and park or complain to register or direction from court.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

- As per rule of the society , every members are eligible to get its car parking , whether on the ground of first come and first allow basis fixed by the society . 

- Further , as per rule , you are entitled for parking your vehicle , whether commercial or private . 

- Further , A society has no legal authority, to issue moral, ethical and social diktats to its residents.

- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- You should lodge your complaint before the management committee of the society , and if no response, then file a complaint before the Registrar. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

Dear Sir,

It is none of their business whether you use it for personal use for commercial use. You are entitled for one car space.  You may lodge complaint with the following.

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The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals/Builder as defined below.

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https://www.icrpc.org/icrpc.org.contact.htm

 

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

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Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

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Rules Pertaining To Car Parking in Apartment Complexes

Two wheeler or car parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures. In recent times, developers and builders charge anywhere in between Rs. 2 lakhs to Rs. 15 lakhs for dedicated parking spots, which at times are more than the value of the vehicle itself. If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell car parking spaces as individual real estate units.

What are the different types of two wheeler and car parking?

  1. Open Parking – These are uncovered parking spots within the apartment complex premises.
  2. Stilt Parking – These are partially covered parking spots on the ground floor of the apartment complex.
  3. Garage Parking – Fully covered complete parking structures

What does the law say?

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

So, if there are limited number of parking spots, then the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.

When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”

Here are some FAQ’s about Parking Spaces and answers to them

  1. Can a member hold a parking space if he has purchased the same?

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.

  1. How can the managing committee handle the allotment of parking spaces?

Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.

  1. Who owns the parking space?

  • The apartment complex “Solely” owns the common spaces (Stilt or Open)
  • The members DO NOT own these spaces
  • Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
  • Registered members include family members and associate members
  • Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members.
  • Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
  • The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the various BMC & Fire act rules and has got no force of law, in Court of Law.

  1. Can the Managing Committee refuse to allot parking space to its members?

Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.

  1. What are the typical parking charges?

The typical parking charges are laid down by the general body. They may range from Rs. 10 to Rs. 10,000 per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members. You can read the guide to maintenance charge calculation in one of our blogs.

  1. Who is responsible for the maintenance of the parking space?

The Managing Committee is responsible for the maintenance of the parking space. Its upkeep and safety of the vehicles has to be ensured by the managing committee members. They also have to provide common area lights and security for the members and the vehicles.

  1. Can parking deposit be collected?

Parking spaces are common areas and hence deposit cannot be collected even if it is passed in the General Body Meeting. MCS Rule 39 restricts these rights of society to raise funds.

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Kishan Dutt Kalaskar
Advocate, Bangalore
5644 Answers
235 Consultations

4.8 on 5.0

If you are member of the Society wherein all members of the Society are allowed to park their car as per first come first serve in demarketed area allotted to all members. 

If Car is registered in your name and address is of the Society mentioned in the registration records of Regional Transport Authority. No one can stop you to park your car in Side the premises of the Society. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

hello, 

 

If in the bye laws of the society only the personal vehicles are allowed to be parked then in that case you can not use the said premises for parking of the commercial vehicle. 

However, if you have just one vehicle which is commercial then you may go ahead and request the society for the permission of parking the commercial vehicle. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

If you are member you can park as MCS Act never says that commercial vehicle of a member cannot be parked. 

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

A privately owned car by a flat owner should be allowed irrespective whether the vehicle is used for private or commercial purposes.

They cannot stop you as it is illegal.

Give a complaint to the society office bearers.

Otherwise file a complaint with the registrar.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

There's no such restriction in law for this. 

If they show any bylaws restricting the owner to park his own car be it private or commercial,  you can challenge it in court and get an order of injunction against the society restraining them from not  permitting you to park your vehicle in the parking space allotted to you. 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Approach the Civil court and take STAY from the court.

Society committee can't take such arbitrary decisions if the parking is in common area of the society.

Inderjeet Singh Tanwar
Advocate, Faridabad
30 Answers

5.0 on 5.0

Serve them with a legal notice and later file a complaint against them to the registrar cooperative Societies office 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. This is arbitrary and illegal.

2. Serve a legal notice to the society and then file a suit for permanent injunction in the civil court.

Ashish Davessar
Advocate, Jaipur
30006 Answers
867 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5487 Answers
25 Consultations

5.0 on 5.0

Kindly go through Your Sale agreement or any rules framed by the society that Commercial cars cant be allowed to park. If nothing specific is mentioned then no body can stop you, kindly make a complaint in the police station regarding this.  

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

Car parking is meant for parking car, it does not differentiate from commercial / non commercial purpose.

You are eligible to park your car in demarcated area.

If the society stops you from parking your car, you issue notice to the society marking a copy to Registrar of Societies.

If the same is not solved you can lodge complaint with the Registrar.

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

It can be changed in AGM only 

it is correct statement 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Any arbitrary order passed is null and shall not be operative. By general circular issued by committee, this decision can be stay. No need to wait till next agm.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

No, Kindly ask them to arrange SGM (Special General Meeting) this can arrange in a year.

 

76. SPECIAL GENERAL MEETING

 

(1) A special general meeting may be called at any time by the Chairman special or by a majority of the committee and shall be called within one month—

(i) on a requisition in writing of one-fifth of the members of the society of members the number of which is specified in the by-laws for the purpose, whichever is lower, or
(ii) at the instance of the Registrar, or
(iii) in the case of a society, which is a member of a federal society, at the instance of the committee of such federal society.

(2) Where any officer or a member of the committee, whose duty it was to call such meeting, without reasonable excuse, fails to call such meeting, the Registrar may by order declare such officer or member disqualified, for being a member of the committee for such period not exceeding three years, as he may specify in such order; and if the officer is a servant of the society, he may impose on him a penalty not exceeding one hundred rupees. Before making an order under this sub-section, the Registrar shall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

1. A Resolution passed in any General Body meeting CANNOT be changed for Six months.

2. A Resolution passed in any General Body meeting CAN be changed AFTER Six months, via another General Body resolution ONLY in the next General body meeting.

Hemant Agarwal
Advocate, Mumbai
5487 Answers
25 Consultations

5.0 on 5.0

Yes,  it is agenda of AGM but implementations of AGM decision are vested with MC and office bearers of the Society or you may challenge it before Co OP Court under Section 91 of MCS Act 1960.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You can write written complaint to commitee members. The decision becomes resolution so cannot be changed till next meering.

Abhilasha Wanmali
Advocate, Nagpur
970 Answers
1 Consultation

4.8 on 5.0

- It will change after the AGM and not before .

- Further , as per Society by laws ,  In case of an emergency, the Special General Body Meeting may be called .

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

If you are the member of the society then you are entitled to enjoy all common areas and facilities in the society and if you are prohibited from enjoying the same you can knock the doors of cooperative court and seek necessary injunctive orders. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Once any resolution is passed in a Annual General Meeting, any such resolution so passed cannot under any circumstances be cancelled and/or even modified before 6 months hence , it can be changed in Agm only. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

The decision taken by the society after a resolution is passed in this regard cannot be unilaterally changed even by the committee members on their own.

Any changes to be brought to the decided matters need the approval of the majority members after discussing the same in a special meeting or in the next AGM.

Thus you can arrange for a special meeting of the association keeping this agenda as the purpose of this meeting.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Yes, it can be changed in next agm....

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If there is no restrictions in MCS act then society cannot pass such resolution

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

No, the decision has to be changed in AGM only. 

The statement made is not correct.

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

1. You can park your vehicle whether it is used for commercial use or personal use if you are not parking other vehicle in society.

2. You can issue a notice to society committee for not allowing you to park your vehicle and if they still doesn't allow you then you can take legal action against association.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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