Car parking issue in apartment

Incomplete information

Sir, kindly let me know what additional information you are looking for.

1. Ours is an unregistered association.

2. Building is 20+ years old and all day-to-day activities been maintained by committees chosen annually.

3. The problem that is explained above is started by current committee.

Hope this adds up to little more data.

Thanks

Seenu

The stilt car parking spaces is part of the common amenities and it cannot be treated to be a separate premises/garage which could be used by  any of the members of the society as his own without being allotted to him by the association.  Basically the problem in your case is that your association is not registered with the registrar of  societies.  Upon registration, the bye laws, memorandum of association containing the entire details of the flats/apartments in the complex, common areas, utilities charges, garages and all other issues would have found an answer in it and the same will be binding on all the members including the President, Secretary and other office bearers of the association.  Even now, it is not lae, get your association registered by complying with all necessary formalities in this regard which will be a solution for not only car parking but also for so many other day to day issues in the association.

The stilt parking spaces cannot be termed as `open/covered garages' for sale of covered/open garage in addition to the flat. It is immaterial if the purchase agreement does not include stilt car parking spaces in the common area of amenities.  Therefore you realise your rights and fight for it accordingly.

Dear Selvan, Thanks for the clarification. The key take away is "common" area for real "common purposes" where no other can dictate on the same. Is this the real effect of nahal chand lallo chand vs panchali o-op societies case? what happens if some of garages were sold prior to this judgement? Is this judgement hold for them too? -Seenu

Please give the following information

1. In which State and in which city are you situated?

2. Are you a co-operative society, a condominium with registered association.

3. Is your Society or the Association registered? If registered under which act, co-operative societies act, societies registration act, Registrar of Assurances or under any other Act. Has your Society/Association any bye-laws, constitution or similar? Do they  say anything about car parking?

In case you do not have a registered association with bye-laws or their equivalent, the committee members are all pretenders and it would be an uphill task to register your body. The pretenders have their vested interests and they will do everything to prevent registration.

Apology for my delayed response;

Ours is not a registered association - and you have clarified in other thread how to go forward if it is not registered.

Thank you!