Parking space.

1. One member was allotted parking space in the Society for the vehicle (given to the son of the member by the company of the son). 2. Member continued to enjoy such facility for over years.

3. About 5 months ago, the son who lived with the member (who happens to be the mother) got a residence in nearby Society. The son and his family shifted and started living separately in the residence in nearby Society, and the mother only residing in the flat in our Society.

4. Our Society has limited parking spaces and there are 2 or 3 members who are on waitlist to get parking space to park their vehicle. 5. One of the members who is on waitlist wrote to the Society the above fact of the son shifting with his family and no longer living with the mother, who is the member.

6. Managing Committee of the Society referred to the bye-laws of the housing society and found that bye-laws 81 specifies "a member, having a motor vehicle, will only be eligible to have stilts or parking space." Also, bye-law 80 specifies in the last para that "the Committee shall ensure that the space is used by the members for the purpose for which it is allotted to them."

7. The Managing Committee, after considering the acute need and genuine waiting by members for a long time for parking place, has observed that since the son and his family is no longer living with the member since last over 5 months and shifted to other premises, and that he is still using the parking place by parking his vehicle in the allotted place to the member. The Managing Committee thereafter arrived at a conclusion that the member should be requested to surrender the said parking place as the same is not being used by the member or the family member living with the member. Therefore the member was requested to surrender the parking place allotted to the member.

8. The member is not co-operating and started raising unrelated issues and provided some communications addressed to him where the address of the flat of our Society is mentioned. The matter of fact known to all the members in the Society is that the member is living alone and the son and his family have shifted to the residence in nearby Society, couple of buildings away from where our Society is situated.

9. The Managing Committee discussed the matter again and asked the member to hand over the parking space on a specified date as the member is holding and using the parking space unauthorisedly. Under the above circumstances, the following questions arise before the Managing Committee: 1. Whether such high handedness of the son of the member be allowed and thus parking space be allowed to be used. 2. As our Society does not have a watchman, how do we stop the son bringing the vehicle inside the compound of the Society. 3. All the members of our Society are fully aware about the fact of the son and his family shifting to a residence in the nearby Society and in such a situation, how the xerox copies provided containing the name of the son with the address of the mother be accepted by the Managing Committee. 4. What recourse is available with the Managing Committee? 5. Can such forcible use of parking space be treated as trespassing? If so, what action can the Managing Committee initiate? 6. Is there any other recourse or any case law establishing the position about the use of the parking space? 7. The question also arises, whether the member, whose son and family live separately in nearby locality, be allowed to enjoy the facilities and amenities which are meant for the member and the persons living with such member? 8. The question also arises, whether any member would be entitled to parking place for the vehicle given to the son of the member by the company of the son and the son and his family are living separately in nearby residence but not with the member in the Society in which parking space is available? 9. Any other point worthy of taking note by the Managing Committee for sorting out the above matter. Shall appreciate to have your clarifications on the above points.