Parking spaces for tenants
Mahesh
(Querist) 26 February 2016
This query is : Resolved
I have a flat in a society where the building has more than 30 flats of 1 BHK and 6 flat of 2 BHK. I own a 2 BHK flat and have rented out the same. Since inception (2010) the members have resisted buying the parking spaces from the developer. However a few parking slots are bought by some the members, who were unware about the provisions of the Supreme Court, society have already registered protest against the same with builder and also fighting a case in different matter with builder on this issue. All these years members and tenants used to park their vehicles as per their wish wherever they wish in the society premises. However now society has come up with proposal that the tenants will not be allowed to park the vehicles in the society premises. Here the issue is whether society can restrict parking for tenants ? Is it permissible under the provisions of relevant law ?
Rajendra K Goyal
(Expert) 28 February 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Parking-spaces-for-tenants-586756.asp#.VtKsnvl97IU
JURIS LEGAL SERVICES
(Expert) 28 February 2016
Society does not have any right to stop you.
As per the right of tenants do find 2 important points below : -
4) Right to a copy of bye-laws and rules of the associationSince a tenant becomes, legally, a resident of a housing association or society, s/he has every right to get a copy of the bye-laws and rules of said housing association or society. This is important so that the tenant can know the rules that need to be adhered to and so that no unjust accusations of flouting society rules are levelled against her/him.
5) Right to use common areas of the society
The right to use the common areas of the society such as the park, playground, gym or club house also come with the tenancy. If there are extra membership fees that need to be paid, it needs to be settled on before the tenant moves in and it should be stated clearly in the agreement as to who will pay the dues.
