Can an apartment's society change the allocation of parking slots
I am a resident-in Bangalore-of a small 30 flat apartment. The construction of the apartment completed in January this year and nearly half the residents (13-15 people ) had occupied their flats by June. At the common meeting in June, the office bearers were chosen, and I was appointed a role in the executive committee. A few days before this meeting, the builder had divided the total parking space into 31 slots (keeping one for himself) and had marked in chalk, the flat numbers on each. But, on the same day as the appointment of members of association, everyone brought up this concern that the parking space was not sufficient at the corners to park two vehicles next to each other. So the problem essentially was, that even though we had two separate parking spaces allocated, but yet, it was not practically possible to park two vehicles in those two slots.
We took a resolution of all the members present during that meeting to utilize that builder's parking for our use and modified the slots to ensure that all the 30 car parking slots can have a sedan parked in them. Since, the slots were re-structured, we numbered the parking slots from 1 to 30 and did a lottery for the flat numbers corresponding to each parking.
Everyone agreed to the lottery, and the same was shared in the Minutes of the Meeting. There is one flat owner who feels that his parking is small compared to the previous one and is insisting on getting his parking back. He has threatened the association citing (from undisclosed source) that the association has no right to change to parking slots allotted by the builder and it is illegal.
Can the association change the allotments done by the builder? It is legal? If that person tries to sue the apartment association, what steps can the association take.
Other Facts and References:-
1. Builder was aware that we had re-structured the parking and did a lottery for a re-allocation. He has confirmed the same and has not raised any objection to the aforementioned decision of the association.
2. The gentleman raising the concern has come up only now, when he intends to sell his flat to a prospective buyer who owns a Scorpio. Currently his flat is on rent and the tenants own a Tata Nano.
3. We have already tried parking a sedan (Honda City) in that parking space, and it parks. Although the parking needs to be done carefully, but yet, it is possible.
4. He stated that he refuses to recognize the apartment association and the By-Laws. Bye Laws contain a clause stating that the parking allotted by the Association will be final).