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Mr jon (abc)     17 January 2011

Sale of open parking by society

Request for Advice,

The Society i reside in Thane had taken up the initeative of selling Open parking to members , in 2007 unfortunately not all members were alloted open parking as they have made it first come first serve basis.

though i have submitted my request society have not alloted me a parking space as they say it is full & alloted to other members. In Spite of builder indicating that all members will have parking space as per plan.

my question is

1) is it legal for the society to sell open parking to members ? which was done in 2007.

2) what action can be taken against the society for selling the open parking.  and revert the open space as free for all members?

3) is the rule applicable to Thane district where open parking cannot be sold either by builder or society?

4) wold it be advisible to inform society or taking any legal action for non availablity of open space would come in favor of the member?



Learning

 4 Replies


(Guest)

CONTACT A LAWYER AND SEND A LEGAL NOTICE.  FAILING WHICH FILE A WRIT TO COMPLY THE SAME

Bharatkumar (ADVOCATE )     17 January 2011

As, per law Society has not sale a parking place. As per parking plan pass u see how many parking in plan pass. Society has give a right of use this parking place for members. u contect a local lawyer for that a give a notice to society. 

AMAR RANU (Legal consultancy)     19 January 2011

As per law,society is fully authorised to allot stilt/open parking spaces to its members as per procedure laid down in the byelaws.

If the said procedure was followed in letter and in spirit,you have no case against the society.

AMAR RANU (Legal consultancy)     19 January 2011

Please read and re-read byelaws No.78 to 85 and understand the society parking policy as laid down as per law.

If the said policy has been followed,as detailed above,don't spend your precious funds on mindless litigation and waste your time to feed your ego.


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