Parking spaces allotment for cars in chs
Mukesh
(Querist) 06 September 2015
This query is : Resolved
Dear Sir,
My Society is in Vashi Navi Mumbai (Maharashtra) and it follows latest model by-laws. However below is some of the information that I intend to seek for Parking rules basis all the prevailing acts:
1) In case number of members who intend to have parking are more that number of parking slots then does Society need to have lottery system on a yearly basis compulsorily?
2) Should vehicle be owned by the Member on his name or the vehicle can be on his Family member and what's the definition of a family?
3) Can members owning multiple Flats on their family members name in the same society, claim multiple parking for the flats which are either not utilized by them or given on lease? These members are using Parking space for flat owned by them as well as parking space for flat which they have given on lease and overall as a rule the parking Slot is not made available to other tenants due to inadequate space for other members who are not allotted Space for 1 vehicle itself?
4) Do we have any provision wherein Preference wise each family gets 1 Parking slot and not as 1 member gets 1 Parking slot as some members have Multiple flats leased or are lying vacate and intend to have 2nd and 3rd Parking as well?
5) Suppose a Member Sells his vehicle and the slot remains idle then can the society immediately take the same and give it to other members even though the same is allotted to initial member for 1 year? Hope the society solely has right to transfer the slot to other members?
6) Do we need to follow DC rules too while allotting parking or its model by laws alone as the same is in brief and not exhaustive.
7) In case the member does not gets parking slot in lottery then in the next year shall he be given preference over members who were fortunate to get it?
Request you to give reference of Sections of rules & Acts too that will help to frame parking policy for all members in fair manner.
Reg
Mukesh Agarwal
Kishor Mehta
(Expert) 07 September 2015
Sir,
The latest Bye-Laws of Car parking in a CHS are as under:
Good Luck,
Kishor Mehta
------------------------------------------- MODEL BYE – LAWS OF
COOPERATIVE HOUSING SOCIETY - 2014
77a. The 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
77b. 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.
77c. 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 auto rickshaw 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 of the Society at its meeting.
------------------------------------
Mukesh
(Querist) 07 September 2015
Thanks for the revert Mr Mehta....but would request you to revert to my specific practical queries w.r.t car parking space which is not clearly mentioned in model by laws!!!
Reg
Mukesh
(Querist) 17 October 2015
Thanks for the revert Mr Mehta....but would request you to revert to my specific practical queries w.r.t car parking space which is not clearly mentioned in model by laws!!!
