Car parking allotment by MC
The mangement committee says "Carparking allotment is not sale as interpreted by few. It does not in any way affect the Undivided Share of any member. It was only permission to park vehicles and the amount charged was collected as Non Refundable Deposit. The process of Decision Making was proper. The formality was also proper.Information was circulated through emails inviting bids with minimum charge as 1.5 lacs. Six persons offered to take with offer of 1.5 lacs (except one who offered 1.52 lacs). This person later withdrew. There were only five persons who applied and five slots. Again allotment was decided with full discussion and approval of Managing Committee. Letters of allotment were signed by all members of committee except two. . This has been clearly explained in the AGM on 20th Sep 14 and voting was taken twice . Majority in the AGM has also approved twice.
The committee believes that there is nothing illegal or improper."
There are three points in our bye-laws
1.To receive money for utilizing the facilities of club house, or any other common facilities including open spaces and the charges may be fixed by the Association from time to time.
2. To allocate or re-allocate/re-organize parking spaces to the members
3.Neither the Managing Committee nor the General Body shall have any power whatsoever to use the common areas other than for common utility of all members and as stipulated in these Bye Laws.
The allotment letter says Parking space has been alloted on permanent basis on a non-refundable one time deposit of 1.5 lac and the allotment is transferable along with the transfer of the property owned by the allottee and not separately and allotment is in accordance with the points 1 and 2 mentioned in the bye-laws.
This allotment has been take in sep 2013 and ratified through agm in sep 2014 with 24 members disgreeing and 26 members agreeing.Please give a clear view considering all the facts
Asked in Civil Law from Chennai, Tamil Nadu
Hi, car parking spaces is permanent basis and it can't be said that it is not a sale and association has no right to collect the amount as non-refundable amount.
1) the Association had powers to allot car parking slot to members on such terms as it deems fit .
2) the decision of MC to allot car parking slot on non refundable deposit of Rs 1. 5lakhs has been duly ratified by AGM
3) in case any member is aggrieved by said decision let him move court for necessary reliefs
The decision of MC to allot car parking ratified by AGM seems to be correct but still if any member is not satisfied then he can knock the doors of court.
Advocate, New Delhi
1. The matter is highly debatable. The clause 3 states that "Neither the Managing Committee nor the General Body shall have any power whatsoever to use the common areas other than for common utility of all members and as stipulated in these Bye Laws.",
2. Here, the common area has been allocated for life to 5 members which will be transferred to the buyers of heir flats in futute,
3. Any other member can challenge the AGM's decision or ratification of the decision on the ground that no body has the power whatsoever to use the common areas other than for common utility of all members.
MC decision duly ratified by AGM concerning the matter of car parking allotment is direct if relief is denied here then the appropriate court.
When it is alloted on permanent basis and third bye-law says agm decision is invalid , is it legal though ratified in agm?
Asked 2 years ago
If allotment has done according to bye-laws then it is valid if there is any irregularity or violation of any provision of bye-laws then you have these remedy :-
1. To call superior body of the association and file protest application before him. State every facts and seek judgment over it.
2. File a civil suit in your district civil court and challenge allotment procedure. You can't challenge before high court by writ petition because writ is not maintainable.
1) under clause 1 MC had powers to receive money for use of common facilities . clause 2 authorises MC to allot car parking slots .
2) in pursuance of such authority vested in MC parking slots have been allotted on non refundable deposit
3) the decision has been ratified in AGM . if some members are of the opinion that allotment is irregular and contrary to bye law 3 then you have the remedy to challenge the said decision in court of law .
though seems to legal but still u can challenge it in court.
Advocate, New Delhi
1. This is a borderline case which can go either way in a court of law. Clause 3 expressly states that neither the Managing Committee nor the General Body shall have any power whatsoever to use the common areas other than for common utility of all members and as stipulated in these Bye Laws.
2. Allocation of car parking space for life to 5 members, is in my opinion, hit by the bar of clause 3 as it is not for common utility of all members.
3. If the allotment itself is illegal then its ratification by AGM does not cover it with legal validity. Any member can challenge the decision of AGM in court.
Ratification in AGM does not validate an illegal decision. It is open to any member to challenge the decision in a court of law.
1. As I have stated earlier it is a highly debatable issue,
2. It is understood that AGM has ratified the said allocation but Clause 3 clearly barred AGM from taking the said decision on the matter as it states "Neither the Managing Committee nor the General Body shall have any power whatsoever to use the common areas other than for common utility of all members and as stipulated in these Bye Laws.",
3. Allotting the common area for good to 5 members is certainly not for "common utility of of all members".
decision of mc about car parking ratified by agm is procedural if aggrieved can be challanged in court.