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Chetan Keluskar   22 September 2024

Can society stop owner from parking his own car in society premises when he has rented his flat

Hi,

In our society Owners are allowed to park one car and two two-wheelers whereas tenants are allowed to park only one two-wheeler only.  

I want to know whether a flat owner in the society an park hs own car in society premises when he has rented his flat to someone else?

We have 75 flats in society however only 45 parking spaces stilt + open.

In such case can the Managing Committee give preferance to owners staying in the society?



Learning

 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 September 2024

In our society members are allowed to park car or two-wheeler on payment of prescribed parking fees. Tenants are also allowed to park vehicles. But they will have to pay higher parking charges. If a member rents out his flat, himself stays in another building nearby he is also allowed to park his car. But he will have to pay the higher rate as applicable to tenants. Members are allowed to park a second vehicle also on payment of a higher rate. Permission to park vehicles is subject to avilability of space. Under Model Byelaws in Maharashtra, Societies can allow members to park their cars subject to availability of space on payment of parking fees. Whether a member who has rented out his flat and is staying outside, can be permitted to park his car is subject to discretion of the General Body. Anyway priority will be for resident members of the Society. The Managing Committee should place the issue before the General Meeting and get its approval.

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

The parking area is coming under the association and it is for the management committee to manage all the common areas as per the bylaws.

Here there is a crunch for parking space hence the ruling that the parking would be allowed only to those residing within is a decision taken in the general body meeting.

You are bound by the bylaws in this regard, hence before resorting to any legal action, you may confirm the actual bylaws in this regard and decide about escalating the matter legally.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 September 2024

Not allowing those who reside outside the building to park their cars is a just decision and it is natural justice. Co-operative societies are for the purpose of providing the basic need of shelter to people. They are not for investors who want to make money by renting out their houses.


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