A fighter (NA) 07 January 2018

Car Parking in housing society

Dear Experts, I live in housing society which has 84 flats and facing some issues: 1. We are new society and now completed one and half year from date of registration. 2. The secretary and chairman of this provisional committee are still holding the office and working as pvt limited company. AGM which was due is not called yer and elections are also not held as per the by laws. 3. They have come up with some parking policy and displayed on notice board that all the owners/tenenats have to take the stickers from society office and if not taken their cars will be locked and Rs 500/- will be fined. I have objected this policy and requested to take this matter in AGM as I feel any MC is not authorized to take such decision in MC meetings (please correct me if am wrong). Many of the owners have not taken stickers and Secretary and Chairman has instructed security to put locks to those who have not taken stickers. My question is: 1. Are Society office bearers legally right to put such locks to the owner's cars which are parked at their designated parking lots. Will it not be a Forceful act making inconvinience to the society members. In case of emergency, if the car is locked and can not moved, who will be responsible for the same. If they do so, what are the options I have. 2. Can MC take such policy decisions without calling special general body meeting? 3. Can provisional MC whose tenure is expired after one year of society registration and teh said Secretary and Chairman has not called for AGM and election of new MC, are Authorised to carry forward office and forcefully take such majors which is inconvinience to memebers. Regards

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R.Ramachandran (Advocate) 07 January 2018

Leave alone legal issues.

You are in a society. One should know how to live in a Society!

What is wrong, if the MC asked every owner to take Stickers?

Please answer this question first, before proceeding to other issues.

A fighter (NA) 07 January 2018

Sticker is not a problem for me, there are many who has not taken it. I have taken it now but there are many people whose car are locked & one of them had an emergency sitiation but could not use his car. My query is irrespective of all from legal point ....can society forcefully put locks to owner�s car & what if someone aproches

A fighter (NA) 07 January 2018

police, is there a law under IPC which will file FIR on society & MC.... am also part of MC and want to understand any repercation... thanks

R.Ramachandran (Advocate) 07 January 2018

Advice that fellow and others who have not taken the sticker to take sticker to avoid such situations.

Society cannot put locks on somebody else's property (cars in this case).

If any one wants to file case against MC, let them do so. Slowly they will find that it would be easier and cheaper to take the Sticker rather to pursue other courses!

A fighter (NA) 07 January 2018

Thank you Sir, yeah you righlty said, it may take longer time but what is unlawful is wrong....so it is illegal to lock owner�s car if he/she does parks at designated slot without disturbing others, irrespctive of sticker.

Kishor Mehta (CEO) 07 January 2018

The best option is to approach the Registrar of Co-Op Housing Societies of your Area. Society has absolutely no rights to put locks on the cars that is a criminal offence. You have also the option to approach the Consumer Forum for remedy if the CHS Bye-laws of your State are not being observed by the Society. Always stand-up and fight for your rights never bow down for fear.

R.Ramachandran (Advocate) 07 January 2018

It is a pity that educated members of the society do not understand the usage of the Sticker! Hope good sense will prevail upon them sooner than later. It seems that they are overtaken by their ego and antogonism towards the MC.

A fighter (NA) 07 January 2018

Sir agreed to your point, question comes when office bears target only one or two members who are financially not so big and simple in life whereas those who have muscle power are untouched and their cars are not locked intentionally. For tenants & visitors is fine but The basic question is can society overpower and does any forceful act violating basic right of member.

A fighter (NA) 07 January 2018

R.Ramachandran (Advocate) 07 January 2018

Do you mean to say that the society charged for stickers? If so how much?

A fighter (NA) 07 January 2018

No. But they are forcefully putting locks to only few members & not all who has not taken stickers. Am of the opinion, it is not the right given to society by any Law.

R.Ramachandran (Advocate) 07 January 2018

Even when the Sticker is free, if the members of the Society do not come forward and cooperate, surely they are equally responsible for the state of affairs.

Originally, you only said "Many of the owners have not taken stickers and Secretary and Chairman has instructed security to put locks to those who have not taken stickers.". Rightly, the MC has not discriminated while issuing the instructions!

If a decision has been taken in the MC, it is only the majority decision of the MC. Even if you happen to be in the minority, you should know how to abide by the decision of the majority. Probably, you are nursing a grievance that your view had not been heeded.

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A fighter (NA) 07 January 2018

Dear Ram ji, thank you for your response, as you would know that housing societies matters are bit complicated, and office bearers behave like dictators as if they feel they own the society premises. Most of the times there are egos and personal grudges comes in between too. I have been experiencing this in couple of other societies too where I am a member. Specifially is MC can pass a resolution to lock the owners cars irrespective of stickers? What the law says?

R.Ramachandran (Advocate) 08 January 2018

There is no specific law on that subject. This will depend upon the powers granted to the MC under society's bye-laws.

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Car Parking in housing society

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