Parking allotments by builder
___Raja___
(Querist) 04 July 2016
This query is : Resolved
1. Our society got registered in 2010 and subsequently the society was handed over via 1st AGM in 2010 itself by the builder. Conveyance deed is pending.
2. As per the handover record, every member has got 1 parking allotment letter as per the allotment of 1 parking duly mentioned in the sale deed by the builder
3. There are more number of parking slots in the society than the number of flats.
3. Recently it came to the management committee's knowledge that few residents hold additional parking allotment letters and are now claiming to be allotted additional parking by the builder (Paid in cash of course)
4. The additional parking allotments were issued after the society was registered and formed.
We are aware of supreme court ruling and MOFA act etc. but want to understand how to apply it in the present case.
Q1 - Do the members holding additional parking have any legal claim on the parking allotment. Can society claim it back.
Q2 - Can the builder make any such allotment without the knowledge of the managing committee.
Q3 - What action can the society take against such members and the builder
adv.bharat @ PUNE
(Expert) 04 July 2016
Additional parking not amount to any legal calim.
Builder can't make any such allotment after society is formed.
Course action may be decide mutually by conducting meeting of all members of society.
Rajendra K Goyal
(Expert) 05 July 2016
1. Members holding additional parking does not have any legal claim on the parking allotment. Society can claim it back.
2. Builder can not make any such allotment without the knowledge of the managing committee of the society.
Q3 - Refer bye laws / AGM decision of the society in the matter.
___Raja___
(Querist) 06 July 2016
Thank you for the replies
