Society is entitled to recover car parking charges from flat owners
resolution to levy parking charges should be passed by AGM or SGM
Parking charges
Hello, I stay in a co-op hsg society and I have been levied with the car parking charges. As far as I am aware of the members can park their vehicles in the society premises if the space is available and there is no question of the payment. Can you guide, is the society is correct to levy parking charges on the members who wish to park their vehicles in the society open parking. Regards Mithun Pendurkar
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
The society cannot levy parking charges arbitrarily if there is no provision in the bylaws.
The parking space being part of common area, is under the control of the society.
If the bylaws say that the parking charges to be levied on the members desirous of using the parking space, then you cannot agitate over the subject matter.
All the members are bound by the bylaws hence you cannot defy or disobey the bylaws.
- As per Bye-law , every member who has been 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 whether he actually parks his motor vehicle or not.
- Further , where a member has been allotted more than on stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space.
- Further, the charges for parking space should be reasonable and not extraordinarily high.
- Hence, this depends upon the society , whether to charge the parking or not
No society has any powers to levy parking charges. Lodge your protest in writing with the society and refuse to pay. If they still persist, send them a legal notice suitably through a competent lawyer, asking them to stop the unlawful practice immediately.
The society can charge Parking charges as per bye laws
1. If you have not purchased your specific parking space while buying your flat, then you have no parking space in your name.
2. In the above instance, the Society with the consent of majority members can earmark common spaces for parking cars and charge fees for rendering the said service/facility.
Dear client.
The legality of charging parking fees in your co-operative housing society (CHS) depends on your location and the society's bylaws. Here's a breakdown:
General Legality:
- In some regions, like Maharashtra, the Model Bye-laws (2014) of the Maharashtra Ownership of Flats Act (MOFA) allow societies to charge parking fees (https://www.thedigitel.com/s/charleston/top-stories-news-politics/charleston-dipping-reserves-hiking-parking-fees-[deleted]/). This applies to allotted parking spaces.
Open Parking:
- The situation with open parking is less clear-cut.
- Societies might argue they can charge a fee for managing the space, even if it's first-come, first-served.
- However, courts have sometimes ruled against such charges if there's ample space and no designated allocation (https://library.municode.com/sc/charleston/codes/code_of_ordinances?nodeId=CICO_CH19MOVETR_ARTVIIISTSTPA_DIV1GE).
Recommendations:
-
Review Your Bye-laws: Check your society's bylaws for specific clauses regarding parking charges. -
Check for Allotment: See if there's a system for allocating open parking spaces. If not, and there's ample space, a fee might be challenged. -
Reasonableness of Charge: Even if a fee is legal, it should be reasonable and not excessively high (https://parkingsociety.com/contact/).
If you disagree with the charges, consider:
- Discussing the issue with the managing committee.
- Raising the concern at the next general body meeting.
