Housing society matters
V Srinivasan
(Querist) 29 January 2014
This query is : Resolved
Dear Sir
Please clarify the following;
1. Whether builder can allot stilt parking directly to second purchaser?
2. Whether a resident who has given his flat on lease can participate in a Special General Body meeting and vote?
3. Whether resignations of MC committee including Chairman, Secretaryy, Treasurer should be sent to the Registrar for further action or has to be submitted the remaining member [ one].
4. Whether second purchaser of a flat is eligible for stilt parking?
5. any allotment letter said to be part of original agreement should be registered or not?
6. Whether any resolutions in contravention of bye law passed by General Body is valid since the bye law says the GB can frame parking laws and the GB passes a resolution stating that tenants are not eligible for parking but tenants of owners of stilt parking is eligible for stilt parking.
As these information is important for my society to file a case in Co operative court, I require these clarifications.
Yours sincerely
V Srinivasan
Secretary, Subham CHS Limited, Kandivili
V.T.Venkataram
(Expert) 30 January 2014
1.The Apex Court has ruled that promoter has no right to sell stilt parking spaces as these are neither flats nor apartments or attachment to a flat.
2.It depends upon your byelaws. If the Bye laws does not permit a lease holder to vote, then the actual owner can definitely participate and vote .
3.The resignations need not be sent to Registrar. He has to be informed about the vacancies and how they have been filled up.
4.All purchasers , whether second or third are eligible for a car parking.
6.Any resolution passed in contravention of approved byelaw[unless they are amended as laid down in the byelaws] are null and void.
Hopes this helps. !!
ajay sethi
(Expert) 30 January 2014
builder has no power to sell car parking slots .
even after member has giving flat on lease he continues to be owner of flat . he can exercise his right to vote .
not necessary to send resignation to registrar .
any resolution passed in contravention of by e laws are void
