Common area usage in a group housing society.
Querist :
Anonymous
(Querist) 18 November 2011
This query is : Resolved
Dear Sir,
Ours is a Cooperative Group Housing Society with 50 flats. At the ground level, there is common covered area under the building and the common area around the building in the society premises.
I have 2 questions:
1. Can the society administration sell the covered area to the members for car parking?
2. Can the open common area within the premises be allotted to the members for car parking by marking slots reserved for a specific falt owner? These slots are not sold but only reserved to facilitate members assured place to park their vehicles.
ajay sethi
(Expert) 18 November 2011
society can invite applications from members for allotment of parking lsots .
based on applications received society can allot parking slots to members .
whether society has followed the due procedure by inviting applications from members?
how many applications have been received?
whether parking slots are sufficent for all members?
prabhakar singh
(Expert) 18 November 2011
Revert with answers for questions asked by mr.sethi to have appropriate guidance.
Rajeev Kumar
(Expert) 18 November 2011
I agree with above experts
Shonee Kapoor
(Expert) 18 November 2011
Agreed with Mr. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 19 November 2011
Dear Sirs,
Thanks for your prompt response. My response to the questions is as follows:
1. In the covered area, there are 15 slots. The society sought members’ choice for purchasing these slots. Accordingly 15 members were sold these slots for car parking. Some members have objected to sale of these slots arguing that this being a common area, every member has paid for this area and it is illegal to sell this common area. My question is whether it is legal to sell this common area to members of the society?
2. The other area is the open space within the compound of the society. In an AGM, it was decided to allot some of this available area to the remaining 35 members for car parking. For this, slots were marked and flat number plates were put to identify each slot. However, these have only been reserved for these members but are not sold. Remaining area was left open to all members to park their second car wherever they find the vacant slot. Some members who have bought the covered area have been objecting to such allotment, calling it illegal. My question is, is it illegal to allot parking space for members? We had done this to bring in a discipline in the parking system and also ensure every member gets at least one ensured slot to park one car inside the society premises.
3. Together with covered and open areas provide space for 50 cars for parking.
I hope I have been able to reply all questions asked. Please let me if there are any more questions.
Regards.
ajay sethi
(Expert) 22 November 2011
whether sale of 15 covered slots was as per decision taken in AGM ?
if resolution has been passed in AGM then only you can sell t hese slots .
society cna besides sale of slots invite applicatio n from members for allotment of car parking slots . if you ahve alloted all 35 members slots and you are recovering parking charges pursuant to decison taken in AGM members cannot object .
