• Parking for tenants

I own a flat in MHADA property in Mumbai. Our society has decided to charge 500/-per month to members and 1500/- per month to tenants. I have given my flat to tenant on leave and license basis. Before the flat was given to tenant, society had promised to provide 1 parking space to tenant, but have now refused to do the same. Society claims that they own parking space and they can decide whom to allocate. There are members of society who have been allocated 3 parking spaces and also few tenants who have been allocated 2 parking spaces. But my tenant is denied even one parking space.

My questions:-
1. Can society decide to charge deferential parking charges between members and tenants?

2. Can society decide to give more parking space to member vis-a-vis tenants? Aren't the society required to do equal distribution of parking space between flat residents (members and tenants included)?
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) tenant is mere nominal member of society 

2) tenant cannot claim right of parking slot 

3) society is required to allot car parking slots to the members who own flats In society 

4) if number of members are more than slots available society can allot car parking space by drawing of lots every year 

5) parking charges can be fixed by society by passing resolution in AGM 

6) if you are aggrieved b decision of society to charge differential charges you can move cooperative court for necessary reliefs 
Ajay Sethi
Advocate, Mumbai
44363 Answers
2575 Consultations

5.0 on 5.0

The status of member and tenant are different in the view of society. The decisions taken by the general body meeting of the society is important in your matter. Do you have allotted the parking space? If  so tenant can use the same by paying 1500/- 
First you talk to the secretary or file an application for allotment of parking space to the tenant before the managing committee.If they are turned up send a notice and file separate complaints before Complaint in Co-operative court .You can also liberty to approach consumer court.
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

Builder has to provide a mandatory parking space to a certain number of flats dependant on the size of every flat as per the provisions of the Development Control Regulations. Parking space is not counted in F.S.I calculation and is the property of the society.  That the common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR. Hence, this common parking space is the property of the society and the society can allot it on ‘First Come First Serve” basis or in any other manner in accordance to decisions of all the members, within the frame work of the Model Bye-Laws & MCS Act, 1960.
Allotment of Parking space is a “Administrative function” and the MC 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.  Tenant’s are Nominal Members and have no rights of a regular member, which includes having no rights of parking of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended as humanitarian facility to the nominal members.
Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body, under the Development Control rules (DC rules) and under the Fire Act rules.
Parking charges may be determined among the GB members, directing the MC to implement the GB directions.
Parking charges may be from 10/- to 10,000/- or anything per vehicle, per month, BUT as decided by the GB, BUT this is again applicable “ONLY” to Registered members including his family members and associate members.  Nominal member is not a registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is allotted to registered members including his family members and associate members, since Parking space is not a right granted to the registered members.
Depending on the number of lawful Parking spaces (under BMC rules) and number of member vehicles, Parking space may be tentatively allotted on yearly Rotation usage system, which depends on cyclic First Apply First Allotment system.More than one parking space may not be allotted to a member IF other members 
parking requirements are not fulfilled.
In general the society is charging the non occupational charges from its members, therefore there are liable to allot the parking space meant for that flat, the parking space is not for individual member for for a flat. Therefore the society or MC should allot parking space to that flat even if it is occupied by a tenant at the rates fixed in GB.  They cannot deny parking space to tenants if there are some. 
T Kalaiselvan
Advocate, Vellore
34516 Answers
372 Consultations

5.0 on 5.0

1. Your tenant can sue the society for denial of the parking space. Unless there is a clause in the sale deed itself which mandates that no parking space shall be given to the tenants the society cannot classify differential standards for giving parking space.

2. Society does not own parking space. For the purpose of allocating the parking space the flat is to be considered as a single unit. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1. The Society belongs to you and you, as owner of the flat, is part of the Society,

2. The Society shall have to follow  its laid down rule in allocating parking space to the tenants,

3. The secretary and/or the office bearers act for all the members of the Society and can not act as per their whims and fancies,

4. Raise the topic in the next AGM by sending advance notice for discussion,

5. You can also send a letter to the Secretary of the society asking the rule followed for allocating parking space to the tenants,

6. If the Society is found to be functioning improperly, remove the office bearers by conveying a SGM by following procedure,

7. You can also lodge a complaint to the Registrar of Societies if gross irregularities are detected by you in this regard.
Krishna Kishore Ganguly
Advocate, Kolkata
18160 Answers
438 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer