• Regarding co-operative society

I became member of a West Bengal cooperative society in Sept, 1978 and was one of the promoter member of the society.I was allotted an apartment in the society and a parking space in March, 1992 and money for the same was paid by me. 
Since 2000 for personal reason I had used to stay in and out of Bengal for a duration of 6 months so my parking space was left empty. 
                           Meanwhile an opinion poll was carried out in society regarding the reallocation of parking space. In that opinion along with many members I had mentioned 'status quo should be maintained'. Even then my parking space was allocated to someone who (son of a member) became member in 2013. Now when I questioned, they gave me a parking space which is inaccessible but I was forced to accept it.
Please help me with my questions:
1) Is this according to co-operative society law? 
2) Can after an opinion poll such an action can be taken without any intimation?
3) Can a member (mother) can have son or daughter also as a member of the same housing co-operative society?

I seek legal advice in this matter. What should be my approach?

Thank you,
S.P.Chatterjee
Asked 6 months ago in Civil Law from Kolkata, West Bengal
Parking spaces have often been a matter of prime concern for several apartment complexes. According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. 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, than the managing committee decides the basis of the distribution in consultation with the 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.
The 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.
More than one parking space may not be allotted to a member IF other members parking requirements are not fulfilled.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Did you accept the new parking space under protest or unconditionally? If you accepted it under protest then you could have gone to the court through a suit for declaration to seek appropriate orders but there is a delay of 3 years in your case which is likely to go against you. If you have been agitating this issue through communications with the society since the allocation of new parking slot then you can adopt your legal remedies before the court.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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1) in case number of slots are lesser than members  of the society  then parking slots have to be allotted by drawing of lots  every year 

2) bye laws adopted by society would contain detailed provisions  in this regard 

3)member can have only one flat in society . however there is no bar for hsi son and daughter purchasing own flats and obtaining membership of the society 
Ajay Sethi
Advocate, Mumbai
23096 Answers
1212 Consultations
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1) builder had no powers to sell parking slots 

2) it forms part of common areas for benefit of all members 

3) once society is formed society can re Allot car parking slots 
Ajay Sethi
Advocate, Mumbai
23096 Answers
1212 Consultations
5.0 on 5.0
If you have regularly paid your parking spot charges then your parking spot should not have been taken away to start with. the relief should be available under these circumstances but it might be a lengthy process. First find yourself an advocate who will write a legal notice to the cooperative committee and initiate the cause of action. 
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
The law is very clear and common for all.  Supreme court ruling has given proper definition about this and any such violations that take place in this regard are invalid and illegal.
However you can discuss this issue with your association in a general meeting without showing them that you have already been made aware of a supreme court ruling in this regard or the existing law about this subject.  You may keep fighting for your rights innocently though you mentally prepared to face situation as per existing law in this connection.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
In your case the sale was made in 1992, hence it cannot be challenged now. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1. Who allotted the flat and parking space in March'1992 to you? To whom did you pay the money for? Was it to the promoter? Did you pay the money for the specific parking space to the promoter? Did the promoter mention about the specific parking space in the sale deed registered and shown it as sold to you? If yes, then the said specific parking space is owned by you,

2. If the specific parking space has not been mentioned in your sale deed and the parking space is commonly managed by the society, then the society can decide on this matter and can take opinion poll,

3. If mother, son and daughter are adult then they can have separate flats in the same society since they are considered as separate identity.
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0
1. If sale of the specific parking space has been mentioned to be sold by the promoter to you in the sale deed registered, then the said parking space belongs to you,

2. To consider parking space at a specific place it shall have to be mentioned in the sale deed to entitle you to be its owner.
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0

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