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Ranju_9666 (Service)     15 June 2013

Car parking issue in coop housing society

I am a resident  in a Cooperative Housing Society , along with my mother, We have been residing since the inception of this building which would be more than 30 years. Additionally I am also a Joint Member of the said flat along with my mother.  We have one covered car parking space which was allotted at the time of purchase of the flat. My mother being a medical practitioner, keeps her car in this covered car parking 

About 21 years back, I got employed in a power utility. Being involved in emergency essential services, it was necessary for me to keep a car at my disposal for attending to round-the-clock emergencies in electricity supply. As our car parking space was already occupied I kept my car in  another resident's car parking space who rented out the same to me. After 21 years, i.e. In May 2011, I had to vacate the rented car parking space as the owner required the same for his personal reasons. Subsequently, on my behalf, my mother applied to the Society Board requesting permission for keeping my car in the common open car parking space of the Housing Society. 

Accordingly in a Board meeting on 25.05.2011, a decision was taken by the board members to allot me a temporary car parking space in the common open parking space. It was understood that I shall be paying the usual monthly rental for the car parking as per the present rates and norms that have been in vogue for the last thirty years and same would be charged in the monthly demand notice. 

 However, for reasons unknown to me, and inspite of my repeated queries to the Board members, till date the car parking fees have not been charged by the Society. Though I have formally queried to the Secretary regarding this issue, I did not receive any answer from their end.  Unofficially  a board member had commented that as I have only one flat in the society, I am eligible for only 1 car parking space. Such a decision was reportedly taken in a Board meeting about 10 years back, when a resident was keeping 2 cars inside the society premises. But I had then pointed out that  our society bye-laws do not indicate any such rules with regard to the same or on temporary allottment of common open car parking space inside the society premises. Anyway, if this had been the case, I would have expected that the board would have answered to my formal queries, citing such decision thereof. 

It now transpires that  the Board under pressure of some other members, would be issuing me a letter to vacate my temporary car parking space by citing that only 1 car parking space is allotted against each flat. 

I appeal to the experts, regarding what would be my stance or plan of action if such an intimation is given to me now. 

Thanks 

Ranju 

 



Learning

 3 Replies

Ranju_9666 (Service)     15 June 2013

Dear Sirs 

Requesting your valued advice regarding the above-mentioned issue that I had posted today. 

Thanks

 

Ranju

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     17 June 2013

you will have no problem till society objects as you have been permitted by passing by passing resolution, but needless to say that society has right to stop you from using the premises.

Ranju_9666 (Service)     18 June 2013

Is there any way that I can contest this considering the fact that

(a) I have repeatedly queried the society in writing on why am I not being charged any rental for the common parking space as being charged for others - and the society has not given me any reply whatsoever

(b) If the board now decides that there can be only 1 car park against 1 flat, can this decision be used in retrospective effect on my case

Thanks

Ranju


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