Parking rights for tenants
Querist :
Anonymous
(Querist) 24 January 2012
This query is : Resolved
Dear Sir,
I have given my flat on rent in a co-operative housing society in Mumbai. Since my tenant has a car,I regularly pay the parking charges to the society on his behalf which is as per our agreement. However the society has passed a resolution in meeting, wherein only flat owners residing in the society have been allocated specific parking space, whereas all tenants residing in the society have been given only 6 parking space in common parking lot. This many a times results in some tenants not getting parking space due to First-come-first -serve basis.
1) Can such a resolution be passed discrimating tenants?
2) Is it fair on part of society to charge me parking charges and not give confirmed parking to tenants?
V R SHROFF
(Expert) 24 January 2012
If you are not provided Parking for your car, Society is at fault.You can complain to Asst Registrar, & also to cons forum .
If Owners are deprived of Parking, due to non availability, Society can pass resolution to discriminating such extra facility, which is not essentials like Light, Water, etc.
If Parking is plenty, their action is unjustified.
Society can insist the parking lot be used for cars registered in member's name.Even a member want to park someone else's car, society may not allow.
ajay sethi
(Expert) 24 January 2012
reoslution appears to be discriminatory . you can challenge it . as per bye laws applications have to be invited from members of society . it is immaterial whether person is residing persoanlly or given flat on leave and licence .
Sailesh Kumar Shah
(Expert) 24 January 2012
agree with views of ld. both experts. take action accordingly.
prabhakar singh
(Expert) 24 January 2012
i too agree with views of experts.
