Parking rules for tenants cars in co op hsg socieites
H.S.ACHARYA
(Querist) 15 July 2012
This query is : Resolved
I own a flat in co op hsg society and has been parking my own car in the open parking ara of the society for the last 15 years and now rented out the flat on receipt of NOC from the society. My tenat has been parking his car in the same place where I used to park my car. Now the society in the Special Genral Body meeting passed a resolution that tenants will be given parking subject availability of space despite my objection. They have made a rule that the first preference will be to owners of the flat. They have also passed a resolution that the parking fee will be Rs.700/- for tenants as against Rs.250/- being charged to Members. There is shortage of parking space as there are 56 members and only 30 car parking slots are available and as per rule i belive it is first come first serve basis and I have been paying parking charges for the last 15 years. Please advise whether society has any right to differentiate owners and tenants while alloting parking slots and charge highter fee. Now they are likely to issue notice to me to remove my tenants car failing which they will tow the car out of society and lodge police complaint. Please advise whether the action being taken by society is legal?
H.S.ACHARYA
ajay sethi
(Expert) 15 July 2012
1)in your society only 30 parking slots are avilabler . number of members are 56 . in such a case society can frame guidelines for allotment of car parking slots
2) the bye laws provide that when number of applicants are more than parking slots then allotment should be by drawing of lots on yearly basi
3)you have given your flat on leave and license basis after obtaining NOC from society . you must be paying non occupancy charges to the society .
4)society cannot adopt discriminatory approach towards licenses by charging them rs 700 against rs 250 for members .
5) byelaw 85 reads as under Every member, who has been allotted the stilt or the parking space shall be required to pay the parking charges 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 motor vehicle or not. Where a member has been allotted more than one stilt/ parking space, he shall pay parking charges in respect of every such stilt or parking space as decided by the General Body Meeting, but within the limits as prescribed by the government of Maharashtra from time to time.
H.S.ACHARYA
(Querist) 17 July 2012
Thanks for your reply.
Please note that society is collecting non occupancy charges and passed a resolution that members will given first preference. please advise whether such resolution is in order when society has already permitted parking out my tenants vehicle at the same place where i was parking my car in the past
ajay sethi
(Expert) 17 July 2012
you are paying non occupancy charges for giving your flat on leave and license basis . you have been alloted car parking slot in your capacity as member . if you have given your flat on leave and license basis your license can park car in your slot .
society cannot discriminate against tenants
H.S.ACHARYA
(Querist) 15 June 2013
Thanks for your reply. Society is charging Rs.150/- for members and for tenant Rs.700/- per month for car parking. Can they charge different amount?
H.S.ACHARYA
(Querist) 14 July 2013
Our society has all open car parking. My existing tenant is vacating the flat and the car parking allotted is being taken away and the society says car parking to new tenant will be be given saying there is already a shortage. Few members are being given more than 1 parking. Can the society refuse parking?
