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Parking dispute with society

Querist : Anonymous (Querist) 14 June 2024 This query is : Resolved 
Hi,
i have 2 four wheeler, one vehicle is parked in open society area and Society is not allowing 2nd car parking, in spite of available space. also they are saying i cannot interchange vehicle and only one Vehicle with registered vehicle will be allowed.
my question is following:
1. Can i go legal, in allowing society for 2nd car park.?.
2. if i have one car park, i shd be allowed to park any of two vehicle any any give point in time?

look forward to legal perspective on Society by laws.

regards
Harsh
T. Kalaiselvan, Advocate (Expert) 14 June 2024
In a housing society/apartment association, each owner/member shall be entitled to one car parking as per the sale deed and as per approved plan.
The RWA must have a list of vehicles that will be parked, and residents/vehicle owners must submit a copy of the RC book with their application form.
No member should be allowed to park more than one vehicle in a single parking space. Any requests for a second slot can be made on a yearly basis, depending on the availability of parking spaces.

Section 84 of the MOFA requires every member with a vehicle parking slot to pay an annual charge to the society, which is finalised at the society's general body meeting.

Security guards should be given strict instructions on guest/visitor parking rules; according to the Brihanmumbai Municipal Corporation, a building should allow at least 5% space for visitor parking.


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