Stilt parking repair resposibility
CCP
(Querist) 19 March 2015
This query is : Resolved
espected Sir / Madam,
In my society of 56 Flats (near Mumbai), we have 19 stilt parking's sold by builder to 16 flat owners prior to Supreme court judgement about parking rules. As such they seem to be illegal since none of them are registered.
However, the Society has written the flat owners "flat nos" in all the parking lots and are charging some nominal amount per vehicle parked under them.
Recently, the parking ceiling plaster of the collapsed and needs repairs.
Parking owners (including Society office holders who are also parking owners) have mislead us by clubbing Beam/column repairs with their parking ceiling cost and passed resolution for all flat owners to contribute to the total cost (including parking ceiling).
Some of us have protested later on and have not paid the money and parking owners are shamelessly arguing for every one to contribute for their parking ceiling repair.
Q1 - Do they have any rights to ask non-parking owners to contribute to their parking repair expenses ?
Q2 - What remedy do we have against the repair cost being dumped on us for their personal parking ceiling ?
Dr J C Vashista
(Expert) 20 March 2015
What may be read in the name of author for "CCP?" Anonymous?
Consult a local lawyer with all documents.
malipeddi jaggarao
(Expert) 20 March 2015
Look into the bye-laws of the society. When maintenance is collected from parking owners and put it in common pool, normally repairs are to be carried out from the common pool only.
Rajendra K Goyal
(Expert) 20 March 2015
If the Bye laws of the society and the resolution are in order the society can charge the repairing.
ajay sethi
(Expert) 20 March 2015
society is charging nominal amount to members for car parking slots . as such repairs for car parking slots have to be borne by society only
CCP
(Querist) 20 March 2015
Sir's,
Charges are not towards repairing, but the electricity for illuminating the stilt parking and society water used for washing the cars/bikes by owners.
Well parking charges are only Rs. 25/-PM for 4 wheeler and 15 for 2 wheelers.
Your valuable opinion is sought.
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
The members are bound by the decision passed as a resolution in the general body meeting of the society in this regard, if no such resolution made, you may refer to the bye laws in this respect and take further action accordingly. Take the help of a local lawyer , if need be.
Hemant Agarwal
(Expert) 23 March 2015
QUERY REPEATED AT:
http://www.lawyersclubindia.com/forum/Stilt-parking-repairing-118218.asp#.VQ9vpLD9nTA
1. The repairs to any "external" portion in the entire building is to be carried out by the society, AFTER collecting funds from ALL members, on terms of Equality & Mutuality.
2. No member can refuse to pay for repairs to any "external" portion in the entire building, irrespective of who uses it or not uses it.
Keep Smiling .... Hemant Agarwal
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