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Rajiv   19 February 2025

Arbitrary changes in parking rules in chs

 

Hello sir , I am staying in a flat which has registered chs around 25 yrs back in thane, maharashtra We had open parking and stilt parking. Both are owned and managed by chs. We pay monthly rent . Stilt parking is allotted on first cum first basis . Recently the society without giving any intimation in agenda, decided in AGM that the Stilt parking and open parking would run in rotation. Members will switch parking every year. Can a society arbitrary make such a change with a 25 year rule ? Because for person like us we waited for 10 yrs to get a Stilt parking and now am told to exchange it with open parking



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 February 2025

The bylaws for pasrking can be changed in the anual general body meeting by passing a resolution supported by majority members.

The General Body Meeting (GBM), which includes the AGM, is the ultimate authority for Cooperative Housing Society (CHS) affairs, including parking rules. 

The society must formulate its own parking allotment policy, and the general meeting has the power to make and change it. 

If an illegal and unjust resolution is passed by a majority vote on the allotment of parking, it can be challenged in the Co-operative Court. 

Stilt parking is considered part of the common area and is allocated to residents based on society's rules and regulations. 

Under Bye-law 77(a), the Society's GBM has the authority to frame rules for parking allocation

P. Venu (Advocate)     19 February 2025

Was the alleged amendment of the parking rules part of the agenda for the meeting and was requisite notice given for said amendment?


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