Housing society law for tenants - vehicle parking
Laxmikant Bhole
(Querist) 05 January 2013
This query is : Resolved
In our society there are few closed parking spaces bought by members from the developers earlier and there is open space where members are also parking there vehicles. Now a days the no. of cars have been increased and we are finding that the open space is also not sufficient for the parking. One of the suggestion given by some members is to dis-allow tenants in the society to park their vehicles in the open space (i.e. common area) of the society (NOT in closed parking bought by the members earlier).
Question -
If General Body or Managing Committee creates this resolution, can this be implemented ? Is this legal ?
Devajyoti Barman
(Expert) 05 January 2013
No, you can not restrain the lawful occupiers
of the flats from parking their cars.
It is squarely illegal.
Raj Kumar Makkad
(Expert) 05 January 2013
Instead of passing the resolution restraining the parking of the vehicles by tenants, it shall be good if the society passes the resolution to open the space of locked parking by some residents. Parking slots cannot be purchased as the same is an illegal act. Those slots belong to the society so open those and solve your problem.
ajay sethi
(Expert) 05 January 2013
what you can do is make allotment of car parking slts by lottery basis as number of members are more than car parking slots
Laxmikant Bhole
(Querist) 06 January 2013
W.r.t. Mr. Raj Kumar Makkad's response, how is it possible to open the locked parking which are purchased by the members earlier by the builder ? The soicety is 12 years old and not sure whether there was a law that moment of time for the builder not to sell the parking spaces ?
Also by opening those slots wont solve the problem as the overall number of parking slots remains same.
I am not sure whether I have got my answer here.. I am not really taking about the closed parkting slots here.. I am talking about all the open sapce in the society and making usage of such space for parking. So ideally it is not a parking space provided by builder.
Secondly, I am not how can tenants have the rights as equivalent to regualr members.
What I understand is that tenants are usually nominal members and does not have rights equivalent to normal registered members of the society. Nominal member is not a registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is allotted to registered members including his family members and associate members, since Parking space is not a right granted to the registered members.
Isn't this understanding true?
Laxmikant Bhole
(Querist) 06 January 2013
BTW, I was going through some sites to do some research on this issue and I have found this link -
http://www.estateagentjournal.com/2012/08/09/faqs-on-parking/
This is what even my understanding was as I described.. is this not correct understanding ?
Raj Kumar Makkad
(Expert) 06 January 2013
You have many options in your hand so opt the best suitable to you.
K.K.Ganguly
(Expert) 07 January 2013
I am sorry to differ in opinion.
In the residential complex where I stay at Kolkata, a resolution was passed in a General Body meeting of our Housing Society disallowing the tenants any parking space in the complex.
Society issues Car Parking stickers to the Flat owners to be pasted on their Cars seeing which security will allow the entry of the cars inside the complex & no such stickers are issued to the Tenants.
Thus, no tenant is allowed to enter the complex with his car and park the same.
Not only that, as per such Resolution passed, the maintenance charge claimed from the Tenants are double of that the owners pay.
V R SHROFF
(Expert) 07 January 2013
Maintenance charges cannot be increased, except Non Occupation Charges that too limited to 10&% of service charges.
Car parking can be restricted to Members own car only., if space is not sufficient to serve tenants.
Raj Kumar Makkad
(Expert) 07 January 2013
*Ganguly! I have not opined against the original desire of the querist to restrict the tenants from parking their vehicles inside the premises. I have told him that there are various options before him to opt best suitable in his case.
