Car parking co operative society
Querist :
Anonymous
(Querist) 30 May 2021
This query is : Resolved
Dear Sir
I am having flat at navi Mumbai. Society is having sharing parking. I want to rent it but the chairman is not allowing renting as tenant is having car and car parking to tenant is not allowed as per society bye laws.
1.. Can society deny ...
2. For tenant all facilities available to me shall be available.
Sankaranarayanan
(Expert) 30 May 2021
the management refused your demand based on the byelaws . If you are not permitted then better to find a new place and shift . If any partiality then you can raise question before the management
Dr J C Vashista
(Expert) 30 May 2021
Generally tenant steps in the shoes of landlord on occupation of the demised premises with appurtenant / facilities attached with the property. The society should not framed such policy for tenants, as stated by you, however, such policy of the society is required to be assailed, if so.
What is your locus standi / concern i..e., landlord, tenant or someone else with parking ?
It will be better to consult and engage a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding.
ashok kumar singh
(Expert) 30 May 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks
P. Venu
(Expert) 30 May 2021
Bylaws cannot be any force and authority in this context unless so authorised by the statutory provisions of the Maharashtra Act. To my knowledge, the statute has no such provision.
As the owner of the property, it is your discretion to make use of the same at your will. Renting out, is a legitimate use. The Society Management through the bylaws or otherwise, declare or render legitimate actions unlawful ; such authority is vested only with the Legislature.
T. Kalaiselvan, Advocate
(Expert) 30 May 2021
If the society is quoting any such bylaw restricting the owner to rent out the car parking space along with the flat then it would be illegal to permit the tenant to even let his flat on rent.
Therefore this appears to be a sheer misinterpretation of the said bylaws, or perhaps there may not be any such bylaw at all prohibiting the tenant to use the car parking space allotted to the owner of the flat.
In a city like Mumbai, one of the most important amenities that tenants look for, is adequate parking. Parking spaces have become such an important part of a rental property that it is one of the top frustrations and sources of conflict between landlords and tenants.” This problem is particularly severe for tenants of middle-income group (MIG) apartments, who often face difficulties in finding parking for their vehicles due to limited space and are forced to park their vehicles on the road.
Actually, It is unfair if a tenant is not allowed to park within the campus, even after paying rent and for all other facilities. The tenant has all rights to park within the campus, where his apartment is located.”
Development Control Rules, framed under the Maharashtra Regional and Town Planning (MRTP) Act, 1966, state that a tenant cannot be denied parking. A Supreme Court ruling also stated that a car parking space allotted to the owner, can be used by the tenant, as he has full rights over it
A society should not and cannot discriminate, as the parking rules are governed by the Developmental Control Rules and Fire Acts and if the owner is eligible, then, the tenant should also get the benefit.”
The Maharashtra State Cooperative Appellate Court has also ruled that tenants or leave and licence holders, have a right to park their four-wheelers allotted to the landlord, adding that a car parking space allotted to the owner can be used by the tenant, as he has full rights over it. While passing a judgment to this effect on February 9, 2021, the appellate court restrained a cooperative housing society at Mumbai’s Nepean Sea Road from stopping an apartment owner from allowing his tenant to use his parking slot.
“As per the development control (DC) rules framed under the MRTP (Maharashtra Regional and Town Planning) Act, 1966, the tenant cannot be denied parking. The society should not discriminate, as parking rules are governed by the DC Rules and if the owner is eligible to get parking space, then, the tenant should also get the benefit of that space,” the appellate court said, in its order on a petition filed by one SS Kadan against a cooperative court order in 2020.
You can fight this issue based on the above judgment also.
Querist :
Anonymous
(Querist) 02 June 2021
Respected sir..... Thanks for replies. How to file complaint against Chairman in such case. Any email ID /contact of regulating authority.
T. Kalaiselvan, Advocate
(Expert) 03 June 2021
You can file a complaint with the consumer forum also.
You can submit a complaint before cooperative registrar too.
Take the help of an advocate in this connection.
