Defaults by managing committee of a cooperative housing society in mumbai
Rakesh gandhi
(Querist) 23 October 2012
This query is : Resolved
Dear Advocate,
I am in a cooperative society ( old building society formed around 1970 ) in south mumbai where in some old member have occupied some open parking place. There are 12 parking psaced and the total no. of flats in the society are 36. Hence new members are not allowed to park the cars in the society..
As per MOFA ( 82 ) : i. Eligibility for allotment of stilts or parking spaces : A member, having a motor vehicle, will only be eligible to have a stilt or parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. If any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or parking space. Such allotment of 2nd or 3rd stilts/ or parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilts / or parking space. In case the numbers of vehicles of eligible members are in excess then the available parking space/ stilts, the Managing Committee shall allot such parking space/stilts by “lot” on yearly basis.
Which are the high court judgements for same ; How & where can we receive the same at what costs ?
What are the legal actions required to be taken for same ? How can you assist us for same and what are your costs for this ?
The managing committee has failed to follow the rules as per bye laws & MOFA. Having complained in writing, the committee is ignoring the complaint letters. Can you pls guide :-
1. what are the liabilities of a defaulting managing committee ?
2. Which are the authorities to be approached for actions to be taken ?
Thanks in advance.
Rakesh Gandhi
9821131546
ajay sethi
(Expert) 23 October 2012
issu legal notice to the society that since number of slots are less than number of members the allotment has to be by drawing of lots on annual basis .
if society refuses move cooperative court
