We have 16 blocks having 214 flat - members in our apartment association , maximum number of flat owners are allotted with covered slit car parking with flat numbers marked , and few member's were allotted with open to sky car park with flat numbers marked and all this was done by the Builder before handing property to flat owners association .
After three years MC containing 16 members (one block representative per block ) decided to allot 6 covered park by collecting 1.5 lacks to six members who already had car parking and the allotment was done , and this act was brought up in the AGM for approval, but we did not have cu ram for the first call , and the second AGM was again given time and called up , 60 member's came for the AGM .
The allotment of car parking issued was raised in the AGM , and 34 members accepted the car park allotment but 26 members did not accept .
this 26 members are still objecting the car par allotment and asking the association to return back the money collected towards the fees of allotment to the six members who were allotted. And they say action done by the MC is illegal .
Now the question is :
Can the slit car parking allotted can be used for long time ?
Can more then one car park can be allotted to same member who is already having a allotment of covered car park by collection of allotment charge of 1.5 lacks with out any time limit of use ?
The other members object that , this place of covered area in the slit , most have been used for two wheel parking and for cycle .So they say that , this area most not be allotted for car parking by the association MC .
Please guide us, we can go head with allotment or need to return back the money and keep the space for parking of two wheeler and cycle .
Asked in Property Law from Chennai, Tamil Nadu
The Owners Association have no right to allot more car parking to any body.In reply to your query about Stilt car parking, there is land mark judgement delivered by the Supreme Court of India about stilt parking as Stilt area is neither garage nor apartment, the area should be kept open. Even servant quarter also not allowed at Stilt area. More than one car parking can be allotted by the builders not association.The objection is law full about stilt area should not be used for car parking.Money should be return back, otherwise suit shall be institute against the association at civil court.
1. Allotment of Slit Car Parking is illegal,
2, If 6 nos. non slit covered car parking area have been allotted to 6 members by collecting Rs.1.5 lakhs each against bid then it should have consent of majority of the members,
3. If the decision of such allotment has been ratified by the members in a well quorumed AGM, then it has the approval of the AGM.
Allotting slit parking is illegal.it cannot be given as per law. You can challenge the same before court.even servant quarters are not permitted actually. It must be an open space
1) what is the provision in byelaws about allotment of car parking slots ?
2) in the present case if MC has powers to allot car parking slots on payment of deposit of Rs 1.6lakhs and decision of MC has been ratified in AGM then it would be binding on all members of association .
3) if you are aggrieved by decision of AGm you can move courts and challenge decision of AGM
1. Law does not permit allotment of stilt parking as it forms part of the common area.
2. If the decision to allot 6 covered parking slots on deposit of 1.5 lakh INR each has been ratified in AGM which had the necessary quorum as per the byelaws then the decision is binding on all members of the flat owners association. Furthermore, the majority of members of owners association should have consented to the allotment of car parking.
3. The only remedy is to challenge the decision of AGM in civil court.
Challenge decision of agm in court.
Advocate, New Delhi
in this circumstances bylaws about car parking will prevail even if you are aggrieved you may challenge in competent court of law by filing the suit .