Should Car lift and Stack AMC charges distributed to all members (in case they don't have a car)?
Our housing society is located in Mumbai Suburban and comprises 122 members. The society has 88 car parking slots (including stack and podium parking), none of which have been sold to members. These parking slots are currently under the society's management. To maintain the parking facilities, we incur annual expenses of approximately ₹7-8 lakhs, which include AMC charges for car lifts, stack parking systems, and electricity consumption.
Currently, these AMC charges are distributed equally among all 122 members, regardless of whether they use parking facilities. Additionally, members who park their vehicles are charged ₹500 per month as parking fees.
We seek legal clarity on the following:
1. Equitable Distribution of AMC Charges: Is it legally correct to divide parking-related AMC charges equally among all members, even those who do not utilize the parking facilities? Should these expenses be borne exclusively by members who park their vehicles?
2. Determination of Parking Charges: What is the correct procedure for setting parking fees? Can the amount (e.g., ₹400, ₹500, ₹700) be arbitrarily decided during an Annual General Meeting (AGM), or should it be based on a detailed calculation of parking-related expenses and distributed among members who use parking facilities?
3. Compliance with Housing Society Rules: Are there specific provisions in the Maharashtra Cooperative Housing Society Rules or any legal precedents that guide the distribution of such expenses and the determination of parking fees?
Would you recommend a resolution or amendment to the bylaws to address these issues?