Later 15 January 2016

Flat committee harasing on extra maintenance for car parking

Hi Experts Team

I had purchased 2 bhk flat with 2 car parking 3 years back since then Apartment commitee started
harassing us on the 2nd parking , as no other member in the apartment has 2 car parking except me for which i feel they are jealous on me over that.

first they asked us to not to give the car parking on rent to others
I agreed for that and instead of keeping that vacant i asked my uncle to use it for no cost.

but flat committee again started harassing in other way asking me to pay the maintenance charge of

around Rs500 per month where flat maintenance itself is only Rs800 so they just want to harass in some way or the other by bringing pressure on us and that too the flat committee is demanding to pay them with all previous arrears or threatening me that they will not allow the car to park it in my slot

Maintenance itself is overhead to me and again car parking maintenance would be too burden on me

Flat Committe which formed is not registered one and just targetting me in the apartments.

so pls need your suggestion its my parking which i purchased and others are threatening on myproperty usuage

As far as i am aware no where i heard that need to pay extra maintenance for extra car parking these committee people are just targetting me so need your suggestions so that i can proceed further based on that.

Thanks in advance

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9 Replies

G.L.N. Prasad (Retired employee.) 16 January 2016

If you think that your stand is correct, contact an advocate and get suitable stay against society for not collecting maintenance fees for car parking given to your uncle.

The car parking is exclusively meant for residants only.

Later 16 January 2016

Thanks for reply

Sorry i am not sure if you correctly understood my prob or i missed to make it clear

From the replied response "get suitable stay against society for not collecting maintenance fees for car parking given to your uncle.The car parking is exclusively meant for residants only"

Flat Committee is harrassing me for extra car parking which i purchased along with my flat now as per committee they need regular maintenance ( 2bhk + 1 carparking ) for Rs 800 and for extra car parking as 500 so total as 800+ 500

I agree car parking should be given to residents but in the apartment everyone has that so this was extra and because of getting extra car parking i purchased my flat

so purchased car parking how can i give to others ..just instead of keeping that vacant i asked my uncle to use that as committed members said not to give on rent for outsiders

so now i dont understand how can comittee demand /harass on the extra car parking

Just a simple example if every member in apartment has 2bhk and if i purchase 3bhk so will get 1 extra room more should i pay more maintenance for extra room ..how is that logical

sanjjan11 20 January 2016

Dear sir,

I have purchase room in village.my both neibours( Right side & Left side) restricting me to use common road for entry in my house. kIndly guide me suitably, what should i can do?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 January 2016

Hello Mr. Sanjjan11: If you have a querry start a separate post. Don't butt in. Do you want experts to answer your query or that of Later? Why don't you understand? I request LCI members to ignore Mr. Sanjjan11.

@ Mr. Later: Please let me know in which State are you? Laws change from State to State.

Later 25 January 2016

Thanks Ramani

I am from Telangana State belonging to Secunderabad area of near by to Osmania University region.

Still i am in frustated situation with the committee rules which doesnt looks tobe logical/legal as they are imposing they own rules just in order to target me

Never in and around secunderabad area i heard about extra maintenance for having extra car parking and that too with not reasonable charge, when maintenance is of Rs 800pm they are demanding Rs500pm for extra car parking for which no power or water or any extra resource would be utilised and (800 +500 ) which would be an extra overhead to me.

so not sure on how to face this legally on this pls suggest

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 January 2016

Telengana was part of former Andhra Pradesh and Andhra Pradesh had laws applicable societies like yours. Is yours a registered society? If so under which act is it registered. There are various Acts like Co-operative Societies Act, Societies Registration Act, Ownership Flats Act etc. These Acts may be called by other names also. At first you have to find out under which Act is registered and get hold of a copy of the byelaws.

Later 26 January 2016

As far as i am aware formed Flat Committee is not registered by govt ..so i dont think that committee comes under any of above said such Acts

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 January 2016

A Committee is never be registered. An Association or Society has to be formed and registered. An application for registration has to be made to the concerned Government authorities along with byelaws and provision for election. Once the registration is granted the byelaws will come into force. The byelaws will say what are the levies and who will fix them.

If the Society is not registered the so called committee does not exist. They have no authority to collect a single rupee even for legitimate purposes. You will have to go to court against them naming each and everyone of them (as the Society does not exist) as individuals, restraining them from acting and collecting any dues from you. Pending disposal of the case, you should pray to the court for an interim injunction against them. Once you get such an injunction, the ball will be in their court.