Regarding parking rights of a flat occupant staying on rent, in a co-operative housing society.
KETAN MANDANI
(Querist) 09 May 2015
This query is : Resolved
Dear Sir,
I have just signed up for lawyer's club India, website..
I have a particular issue regarding Parking in co-operative housing society.
I live in a rented flat in a 13 storied building in Kandivali (west) in Mumbai. I own a four wheeler Car. The landlord stays in Europe, and have given power of Attorney to his father in law staying in Ghatkopar, Mumbai, who signs rent agreement with me every year.
My society (Building A) is in a larger premises having four other buildings (building C, D and E).
There are 51 flats in my building, out of which only one flat (i.e. mine) is on rental basis and all the others are on ownership basis.
Each building has its own internal parking area where they have demarcated parking space. plus there is an access road connecting all the buildings, on both sides of which, parking spaces is there. The four buildings viz. A, C, D & E have formed an Apex Body which has taken up the ownership of access road and have distributed parking space within four buildings recently. Accordingly, my building (A) has been allocated four car parking to be given to its members.
Now the issue is as follows :
the society of my building (A) every year conducts a draw / lottery for allocation of parking space in its 'own' internal parking space (where approx. 27 parking space is available compared to more no. of cars). However, the society did not include my car in the lottery citing that I am staying on rental basis and all the other people on ownership basis have objected to inclusion of my name. I did not object at that time; and placed my car on Access Road where parking so far was on 'First Come First Serve' basis. If I didn't get parking, I had to park the car on main road. Similarly, for all those who didn't get parking in lottery system, parked their cars on access road if available; or else outside. but most of the flat owners had two cars; one allotted in society parking area and other placed on access road.
Recently, the four buildings made an apex body (of A, C, D & E). and took up the road and distributed parking amongst themselves as mentioned above. My society has been allocated four Car Parking Spaces. In my society (building A), there are five excess cars including mine (Excess cars are those cars which didn't get parking space in lottery system in society's internal parking area).
Ideally, the society was expected to further conduct a draw / lottery of these four car parking space, to accommodate four out of five cars including mine. But once again they did the same thing, i.e. excluded me because of my 'rental' status and distributed four car parking spaces amongst themselves because of which I had to keep my car outside the premises ie.. on road on first come first serve basis. All these four cars are second cars of their owners. whereas I have only one car. I had requested the society to consider my car in the lottery of atleast access road if not in the society's parking space; but they did not consider the same.
My question is :
1) First of all, can society allocate its own parking space (internal parking) through lottery system or it has to be on first come first serve basis? Even if society has allocated internal car parking through lottery, can they exclude tenants (ie. families staying on rent)? Don't rental members have equal rights on society's resources? Can society discriminate against families staying on rental basis while conducting lottery system? shouldn't the car be considered as the car of Flat no. xxx from which the society has been getting regular maintenance?
2) Regarding Access Road : Can Apex body of four societies distribute parking space on Access Road amongst four buildings against collection of deposit? or the parking on access has to be on first come first serve basis? Also, even if it has allocated parking space amongst four buildings, can my society allocate parking through lottery system or the parking on these four spaces have to be based on availability?
Next Most important question is : Can my society exclude me from lottery / draw of four car parking space allocated to it on the access road, & thus distribute amongst four members? Can they discriminate against tenant?
I would request you to kindly guide me so that I can protect my rights as a tenant having equal rights to 'use' the common resources of the society. I am ready to pay the parking deposit and monthly charges.
I would be greatful to receive Experts' opinion (with relevant section of any act, if possible). and what further actions can I (& should I) take?
Thanks and Regards
Ketan Mandani
Mumbai
ketanmandani@rediffmail.com
Dr J C Vashista
(Expert) 10 May 2015
Too long a story and not a query, be precise. It would be better to consult and engage a local professional lawyer for proper advise, guidance and proceedings.
Rajendra K Goyal
(Expert) 10 May 2015
The bye laws of the society need to be referred. Stilt parking can not be sold yet parking is to be allotted as per resolution of AGM / managing body. You should take up the issue with landlord. Write letter to society for your car parking.
bsrao
(Expert) 10 May 2015
If I were you, I would vacate the premises and go some place where I can live peacefully with guaranteed parking. Why hassles with a community that you live in?
R.K Nanda
(Expert) 10 May 2015
query too long.
KETAN MANDANI
(Querist) 11 May 2015
Querry seems too long.. so to shortern it, I would just ask like this :
- Does a tenant have equal rights over parking area, as other members (who own the flat on ownership) of the society ? If society doesn't include a tenant in lottery / draw of allocation of parking space, is such discrimination allowed?
@bsrao : Sir, you are right, but its not possible to change a home just for this reason so frequently; and the practice is almost same everywhere..
Guest
(Expert) 11 May 2015
Please refer the byelaws of the society. If you feel discrimination you may better knock the door of the Registrar of Societies for justice.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
Your owner/landlord may be able to take up the case in your behalf with the society's management committee. You should put pressure on them or take the help of a local lawyer and get it solved.
M V Gupta
(Expert) 03 September 2015
Tenants in coop Hsg societies really face problem of parking for their vehicles as even the registered Members of the society do face.Parking space available in societies is generally short of the demand for it. Hence even the registered members also face problem. The position of tenants in the Society is much worse. Bye law 26 of the Model bye laws in Maharashtra specifically lays down "A nominal member shall have no rights as a Member". As per the Apex court judgement in Civil Appeal No.2544/2010 -- Nahalchand Laloochand Pvt Ltd VS Panchali CHS, stilt and open parking space falls out side the FSI as per DC Rules and hence cannot be sold by the Builder and it belongs to the Society. As such the Society MC/GB have full rights to decide on the manner in which the parking space should be allotted among its members. In this tenants who are nominal members need not figure. But the Society in its own discretion may decide to allocate space if it is available after allocating to the registered members. Hence the querist cannot question if his car is not included in the lottery held for allotment of space by the Society.For more details search on internet "FAQs-parking in Cooperative housing societies".
Guest
(Expert) 03 September 2015
You can use the parking space allocated, if any, to your landlord only and that too, if the rent agreement speicify that.
So far as the question of equal rights with landlord, in a set of a society, rights pertain only to the real member of the society and not to the tenants. A tenant's right is restricted to the terms of rent agreement only that too, if not in violation of any byelaw of the society.
