Society rights on parking
Kuldeep Singh
(Querist) 15 January 2013
This query is : Resolved
Hello,
society has allotted parking to a member for a deposit, and after few years the member is no longer occupying the parking, as he occasionally stays in the flat. Can the the society take back the parking? The allotment letter terms and conditions only mention that the member should return parking if he sells the flat, there are no other terms.
The bye laws are also silent on return of parking..Lin fact bye law 84 says member should pay parking charges whether or not he occupies the parking.is there any other law applicable?
Secondly, can an AGM resolution be applied retrospectively to change terms of parking allotment?
ajay sethi
(Expert) 15 January 2013
we dont reply to anonymous queries
R.K Nanda
(Expert) 15 January 2013
no reply for AQ.
Kuldeep Singh
(Querist) 15 January 2013
Ok, have put name. Sorry was not aware of this restriction.
ajay sethi
(Expert) 15 January 2013
you have not mentioned whether any resolution has been passed by Managing committee to take back the car parking slot
further please clarify as to whether number of applicants are more than car parking slots available ?
soociety can if number of applicants more than slots avilable allot the parking slots by lottery
Kuldeep Singh
(Querist) 15 January 2013
No resolution passed in AGM, is only MC resolution required to make the change?can it have retrospective effect to overrule initial allotment terms?
Number of slots is less then demand for parking. However, the initial allotment was not time bound, there was one time deposit taken, so our understanding is the it is perpetual unless member sells the flat.
ajay sethi
(Expert) 15 January 2013
no it cannot be perpetual . slot has been mere alloted to you . please note that you are not the owner of car parking slot . society can return your deposit and take back the slot . if you are aggrived by decision of mangaing committee then you can challenge said decision in cooperative court
