Allocation of parking spaces
Ajay Bondre
(Querist) 17 July 2012
This query is : Resolved
Hi,
I am residing in New Panvel and need legal opinion for following-
1. We have stilt parking in society which was purchased by certain members of society at time of construction and development of the building itself - in 2000-2001
2. The society is registered
3. Number of flats/vehicles in society are more than available parking space.
4. I have not purchased any parking space
5. Over the years; the owners have left the society and rented out the parking space to tenants - without consideration of other owners/members. IS THIS LEGALLY ACCEPTABLE THAT TENANTS ARE HAVING MORE VALUE THAN ORIGINAL MEMBERS OF SOCIETY?
6. Also; some members have purchased flats from other members now have more than one parking space within society on account of having one that was purchased by them and other on account of purchase of flat form member who had parking space.CAN THIS BE DONE?
7. Also; one or two members have mutual understanding with other owners who do not stay here to keep vehicle in their purchased parking; keeping their own parking empty and not allowing any one else to park there. IS THIS LEGAL?
8. Now at behest of a tenant; I am being asked to keep my two wheeler from a parking space of one owner who has rented out his flat and thereby parking? IS THIS LEGAL? DO I HAVE ANY RECOURSE? DONT I HAVE ANY RIGHTS AS ONE OF THE OWNERS IN SOCIETY? WHAT RIGHT DOES TENANT HAVE IN THIS MATTER?
9. The management committee is vacillating on the issue; and majority of owners including the secretary and chairman are of opinion that they may not be able to rent out their flats if they cannot also give parking to tenants and hence refuse to act in good faith and civilised manner? DO I HAVE ANY RECOURSE OR SHALL I RESIGN TO FATE OF BEING SECOND CLASS CITIZEN IN MY SOCIETY WHERE AS TENANTS ARE LIKE ROYALTY?
Kindly help us in this regard.
ajay sethi
(Expert) 17 July 2012
the society cvan under the bye laws frmae guidelines for allotment of car parking space .one flat one parking space .
if member has more than one parking slot society should not allot him second slot .
if members are more than slots then allotment should be by drawing of lots .
if a member is alloted a parking slot then if he rents out his flat tenant cannot be deprived of parking slot alloted to member .
