Shweta Deshpande (Not Applicable) 26 August 2013
Hi,
I am owner of a flat in a co-operative housing society in Pune. we did not buy the parking space from builder because of lack of money that time. Now the society has asked us to pay rent for parking. This is in stilt area (ground floor converted to parking space).
My question is - is it legal for society to charge rent for parking? Since it is part of common area and it is sold to all flat owners as built-up area.
Please advise.
Thanks,
Shweta
SHIRISH PAWAR, 7738990900 (Advocate) 26 August 2013
2BHelpfull (Other) 26 August 2013
yes,
resolution must be passed in AGM only n amt must be nominal .
rekha bhanshali (house wife) 27 August 2013
Respected Lawyer, if stilt area grounf floor ( car parking ) purchase without agreement and not registered from the builders now society has taken the objection against Flat owner thos who have purcahse the Car Parking from the builders that as per the by laws of the society act this car parking place is belong to the society is it right please advice
2BHelpfull (Other) 28 August 2013
| Originally posted by : rekha bhanshali | ||
 |
Respected Lawyer, if stilt area grounf floor ( car parking ) purchase without agreement and not registered from the builders now society has taken the objection against Flat owner thos who have purcahse the Car Parking from the builders that as per the by laws of the society act this car parking place is belong to the society is it right please advice |
 |
builder doesnot have right to sale stilt parking
Society has a right over the Stilt parking.
Objection raised by ur Society is valid .
ravindra patil (propritor) 28 August 2013
yes,
Resolution must be passed in AGM only and amount must be fixed in AGM.
rekha bhanshali (house wife) 28 August 2013
2BHelpfull (Other) 01 September 2013
| Originally posted by : rekha bhanshali | ||
|
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respected Lawyer under Bye-Law no. 78(a) the Society can sell the stilt parking spaces to its members, after taking possession from the builder, and entering into a regular sale agreement and executing and registering the same. Builder cannot sell the parking space.
ONE FLAT ONE PARKING (but only if the space is available then they can otherwise not ) |
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Rudolf Rodrigues (Executive) 15 November 2014
In my opinion, if a resolution is passed in the AGM, then the Society has the right to charge parking charges on a nominal basis, and one is bound to pay the same!
Disclaimer: I am not a professional lawyer.
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