Parking rights for tenants
Narendra Doulat Punwaney
(Querist) 14 August 2018
This query is : Resolved
I am a member of CHS in Colaba, Mumbai. As I am based in Dubai, I prefer to give the apartment on leave and license.
The society has 11 stilt parking slots which are held in ownership by some Members. There are 29 open parking slots in the compound and 48 members interested in them.
With the passage of time the demand for parking has far outstretched the limited supply and the society introduced a set of rules in 2015, duly approved by the AGM, which discriminated in favour of resident members. According to the rules, the resident members are eligible to the open parking slots followed by family members of resident members followed by non resident members not leasing followed by tenants.
I have a three bedroom apartment which I would like to lease out but that is very difficult due to non-availability of parkking. Currently, some members have 3 parking slots and I am not allotted any. I believe, that all apartments shoul get the first parking before a second parking is alloted to any member.
Question is: is it legal for a CHS to frame parking rules which discriminate between resident members and non-resident members and then get it approved by the AGM?
Kishor Mehta
(Expert) 15 August 2018
The parking rules under the Maharashtra Co-operative Housing Societies Act 1999 are cited hereunder:
Society shall in the General Body meeting frame and adopt Parking
Rules to regulate the Parking slots, in accordance with the Act and Rules
there under
b. The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for available parking slots However the
Member shall have no right to sell or transfer the Parking Slot allotted by the Society.
c. No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society
78. Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and / or the open space in such a way that no inconvenience would be caused to any of the Members of the Society. The Committee shall ensure that the space is used by the Members for the purpose
for which it is allotted to them.
79. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The
vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any
parking slots remain unallotted for want of applicants, additional parking slots
may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year
to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.
80. In case the number of eligible Members for parking slots is in excess of the
available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the
General Body regulations.
81. The Member, desiring to have parking slot, may make an application to the
Secretary of the Society giving necessary details. The procedure laid down
under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society.
82. Every Member shall pay the for parking charges for the number of slots allotted
to him / her at such rate as may be decided by the General Body of the Society
at its meeting, irrespective of the fact whether he actually parks his vehicle or not.
83. Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain
prior permission of the Committee for parking his vehicle in the compound of the Society and pay the charges fixed by the General body at its meeting.
