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Manu (Service )     01 August 2023

Cooperative society bye-laws

I don't have a parking for my flat.

I asked society committee to give me parking as society has 3 parking available. 

But society committee responded that All Parking Lots in the Society Premises are under "ownership" of "Society Committee" and those will be used by "society committee members only". 

Is this response correct as per the bye-laws of cooperative housing society .

Please advise 



Learning

 4 Replies

Sudhir Kumar   02 August 2023

Please consult the constitution of the society

reply Prime office indicates that since it is society's properties the office bills are going to use it for person confirm if this is the case

Dr. J C Vashista (Advocate )     02 August 2023

Parking / other facilities has to be provided to all members of the Society, without discremination in available space (in common area of the society).

However, show the Bye-Laws of the Society to a local prudent lawyer for better appreciaiton of facts and professional advise.

T. Kalaiselvan, Advocate (Advocate)     02 August 2023

The parking space forms part of common areas. 

The society has to allot parking space to the member if there is any available provided the member is not allotted with any parking space earlier.

if the society is a registered body, you may give a complaint to the registrar of cooperative society and demand your relief.

If nothing happens in your favor then you can approach consumer forum against the society for relief and remedy

SRIPRAKASH BHATTACHARYA (RETIRED)     02 August 2023

For example say If your Co-operative Housing Society has 100 flats but there are only 80 Parking Slots which means there is a shortage of 20 Parking Slots then the Managing Committee is bound to follow the formula of first cum first serve ie date of seniority of membership alias dare of entry / becoming a member (initial members) only. But in such instant cases the Cooperative Housing Society can't sell the Parking Slots since there is no shortage of 20 Parking Slots. On this there is already a judgement / case law given/ framed by the Hon'ble Supreme Court of India. Unfortunately in India management of the 99% of Co-operative Housing Societies consider themselves to be the owners of the Housing Society which includes your flat too. There is no other way left with you except to put everything in writing and take up the matter with the Registrar of Co-operative Societies and lodge a complaint with him. You may search on Google too on the issue. 


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