Cooperative housing society creating problem for parking place
snehashree
(Querist) 20 March 2014
This query is : Resolved
Dear Sir/Ma'am,
I am one of the oldest members of a housing society in Pune and has been residing in one of the flats. There are 36 members in the society and a few members are new. Recently it got revealed that except two members including myself all others have paid extra amount to the builder for parking place amounting to as high as Rs 100,000/-. Since builder had not asked us we did not pay for parking and have been using the parking place without any problem.
Recently when it got revealed, the members are saying that since we did not pay any amount to the builder, we can not park our vehicles in the parking lot. There is more than required parking place in the society. The society members are demanding money from us to get the parking otherwise they will rent out the place to outsiders/ other members in need of additional parking place and generate revenue for the society, after builder completes the conveyance deed, which is under process. kindly advise me in the matter and judgement on related case, if any.
Warm regards.
Shrikant
ajay sethi
(Expert) 21 March 2014
society members cannot rent place to outsiders . builder has no power to sell car parking slots . once society is formed allotment of car parking slots have to be done by society as per model by e laws
Rajendra K Goyal
(Expert) 22 March 2014
Let the parking space be allotted to other members excluding you. Send notice to society in that case. Builder can not sell stilt parking.
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
The society's bye laws will be able to interpret things to make everything straight. Now since the builder has not handed over the building to the society, it is the builder who has to say anything about this issue and not the other tenants or the members of the society. The builder has to refer the sale agreement and other conditions while making a demand for the same. In case of any problem, you can issue a legal notice to the person demanding the same from you.
Hemant Agarwal
(Expert) 29 June 2014
1. Firstly let the Society issue "Demand Letter", asking Money for "Parking Slot".
2. After above file complaint with the local Consumer Court.
3. Additionally file private criminal complaint in the local Magistrates Court, against the Chairman and Secretary u/s 378 and 418 (IPC).
4. Point no. 2 & 3, will permanently set right the Society, till eternity.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
http://www.maharashtra-society-help-forum.com
