Cooperative societies

Querist : Anonymous (Querist) 29 September 2011 This query is : Resolved
Dear sir / madam,

One of my friend had bought 2nd hand flat in a cooperative society where their is no provision of individual i.e. paid parking all parking area is common for all .

My query is that,

some old members have parking their vehicles regularly on particular place, since my friend new 2 this society they suggesting him not to park his vehicle in this parking

as the previous flat owner had never used this flat since past 4-5 years he is also unaware of that and unable to help on this issue.

my question is in such cases what remedy is with us?

we contacted secretary for remedy and he suggested to buy the parking separately.

so is it legal to sell this common parking spaces to members, since no such clause in society formation deed.

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ajay sethi (Expert) 29 September 2011
AGM must have laid down detailed gudidelines for parking lots .

how many flats are in the society?
how many parking slots?

whether parking slots are more than car parking spaces avilable ?

whether society has framed policy for allotment of car parking slots ?

please clarify .

Querist : Anonymous (Querist) 30 September 2011
how many flats are in the society? - 14 flats each building

how many parking slots? - 8 slots at each bldg

whether parking slots are more than car parking spaces avilable ? No

whether society has framed policy for allotment of car parking slots ? - No

ajay sethi (Expert) 30 September 2011
since the number of slots is lower than number of applicants society has to in AGm lay down detailed guidelines for allotment of parking spaces .

the society must invite applications from emmebers for allotment of car parking slots . if number of applicants are more then allotment has to be by drawing of lots .

request secretary to place issue in agenda of AGM

Guest (Expert) 30 September 2011
Agree with Shri Ajay Sethi.

Sailesh Kumar Shah (Expert) 05 October 2011
I agree with Shri Ajay Sethi.

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