Parking Rules For Cooperative Housing Society
Ashita Kohli
(Querist) 14 November 2013
This query is : Resolved
My building is located at Malad-w. Its a 26 storey building with 146 flats. As per the provision rule 36 of the Development Control Regulation of Greater Bombay 1991, promotor should provide 77 parking slots + 10% as guest parking slots making the total parking to be 85 only. The same had to be provided by Builder to the members free of cost. BUT the promotor has sold not only 85 parking but also sold extra 36 parking slots. As per Supreme Courts judgement dated 31-8-2010, builder has no right to.sell.the.parking slots. As such all the parking sold by the builder is illegal. SOCIETY has filed a case against the builder for various commitment breaches, it also.includes compensation @ 3,00,000 per parking for all 121 parking slots. Currently most owner's have bought parking from the builder and Society is charging Rs.1500 for 4 wheeler and Rs. 200 for 2 wheeler as rent. Incase of guest parking it's free during the day and incase the vehicle is parked for overnight the Rs. 100/- is charged. This is also applicable incase owner who has not bought parking / rented parks a car overnight. The house is in the name of my father-in-law and my husband. My father-in-law does not reside here and we do not own a vehicle hence we haven't bought parking and nor we are renting one. My father-in-law has a 4 wheeler and had to park his car overnight as he was unwell and had to stay overnight.
MY Question is that can a society pass such rules in AGM's that are not in the favour of their members. JUST tomake more money.
?Secondly, can the society charge such huge rent just for parking..even in high societies like Bandra, car rent is not more than 100 to 200. Jus because most people have purchased parking and few have not they should be charged high to.make earnings.
Please advise on how do I take this forward and incase I.need to approach the registrars office. What should be the ideal rate that society can charge? What should be the limit and also clarify the validity of overnight parking charges.
ABDUL RAZIQUE
(Expert) 14 November 2013
Parking Charges
Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.
The General Body of the Society can definitely fix up the charges for the 2nd and 3rd car etc. Therefore, the member will have to pay the parking charges for a particular month irrespective of the fact that he has parked the vehicle for a few days. Where a member has been allotted more than one stilt parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.
Ashita Kohli
(Querist) 14 November 2013
But I want to know the law of 10% free parking space and high rents of parking. Can I do something about it. I am willin to pay rent when I opt to park my vehicle.What about overnight guest parking charges. Pls advice
Ashita Kohli
(Querist) 15 November 2013
Request you to answer / advice specific to my Question and something not just In General. Note: I have not been allotted any parking space then how does a question to pay parking charges arise? Above given general advice by Mr. Abdul Razique can also be read in Bylaws. I need a more specific advice related to my problem which has been detailed in my 1st post.
Kishor Mehta
(Expert) 15 November 2013
Madam,
The reply to your query is there in your 1st post, viz.:
"In case of guest parking it's free during the day and in case the vehicle is parked for overnight the Rs. 100/- is charged. This is also applicable in case owner who has not bought parking / rented parks a car overnight."
[1]You do not own a vehicle and have not opted for a parking space, hence your Father-in-Law had to pay the overnight parking charges as per the above resolution.
[2] The AGM of a society can decide on the parking charges, the objections about the quantum of charges, if any, should have been taken at the AGM and should have been noted in the memorandum of the AGM. However, in case of any grievance about the quantum of charge thus fixed, one can make an application to the Managing Committee and can take it further to the CHS court.
[3] Provisions have to be made for guest parking as per the judgment of the Court.
[4] You can complain to the managing committee of the society in writing about your grievances and if not satisfied with the replies, you can approach the Sub-Registrar of CHS.
Good Luck.
Kishor Mehta
M V Gupta
(Expert) 15 November 2013
The rates fixed by the GB are definitely exorbitant, not commensurate to the expenses incurred by the Society for maintaining the spaces. They are punitive in nature. But unfortunately these charges are fixed by ur GB. Two ways to get them revised are- 1. by getting the GB resolutions modified in the AGM or Special GB meeting. For this purpose u can along with others who are also aggrieved may requisition SGM with specific agenda of revision of parking charges. 2. If this is not workable, you have to file a petition in the Cooperative court challenging the resolutions passed int the GB. One of the grounds that may be urged is that the resolution was passed without complying the bye laws of the Society. But this course of action involves costs.
ABDUL RAZIQUE
(Expert) 16 November 2013
AGREE WITH EXPERTS, NO NEED TO MORE WORDS.
Ashita Kohli
(Querist) 17 November 2013
Thank you very much Kishore Mehta and M.V.Gupta for your valuable time and advice.
Ashita Kohli
(Querist) 17 November 2013
Thank you very much Kishore Mehta and M.V.Gupta for your valuable time and advice.
R.K Nanda
(Expert) 17 November 2013
nothing to add more.
Ashita Kohli
(Querist) 03 April 2015
Considering the above, i raised a complaint with the managing committe to reduce the parking rate as compared to other nearby buildings however the request when raised in AGM was not considered without giving any reasons for no ammendments.
Please suggest should i need to go to Co-operative court
Kishor Mehta
(Expert) 03 April 2015
Madam,
The General Body of a society is empowered under Bye-Laws 84/85 to fix the parking charges. Apparantly no maximum limit is fixed, hence you may not succeed if you take your grievance to Co-Operative Court.
The option for you is to create opinion of car owners in your society and try to get the resolution on parking charges amended.
Good Luck,
Kishor Mehta
Ashita Kohli
(Querist) 04 April 2015
In our society, 25% of car parking created by builder is illegal. Secondly, buying selling car parking is also illegal. Most of the flat and owners have bought the car parkings. There were various promises made by the builder that are not fulfilled hence society has jointly sent a legal notice to the builder for refund of this money. when the matter of car parking rent is discussed with car parking owners as they are the majority, they say that rent amount is fine and its according to how new the building is. Since they have bought parking in few lakhs, its a loss to them as interest over the money paid by.them is much more than rental and they are loosing over it. How do i go about it in such a case. They would eventually get a refund of their money Incase the case is won!
