Goutam Chatterjee 23 July 2017

Management Committee's Decision regarding Tenants' Parking

Our MC called for a special GB meeting within 1 month of AGM and decided that they will bar the tenants from parking their 2/4 wheeler and even bicycles within society premises, though there is adeqate open area for parking. Their argument is some tenants created nuicance by parking their vehicle in disorderly fashion. Is MC's decision justifiable? Is there a legal recourse?

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3 Replies

Dr J C Vashista (Advocate) 24 July 2017

What type of Society you are stating e.g. Cooperative or RWA?

Which state/city/town is the Soceity located?

Whether the Society operate as per Bye-Laws adopted by them OR Memorendum of Association is there?

What is the urgency and agenda for calling special general body meeting one month before AGM? Why MC is so curious to call SGBM?

What is your locus qua the query?

Incomplete information can not lead to form appropriate opinion and advise.

Consult a local lawyer for proper appreciation of facts, applicability of law, guide and proceed as required.

P. Venu (Advocate) 24 July 2017

Let the GB discuss and decide the issue in their wisdom. If you are member, participate and put forth your views.

Goutam Chatterjee 24 July 2017

Sorry for the incomplete info. Its a CHS in Navi Munbai governed by bye-laws of Mahaeshtra. I am owner of a flat and given the flat on rent. In the last year's AGM, Society brought a rule that for NOC for letting out, owners have to pay rs.5000. A few of us pointed out that in Model Bye-laws of Maharashtra, there is no need to take NOC from Society. Now, as a revenge, they brought this no parking rule and a few other condns difficult to follow. We r planning to consult a local lawyer. Thought in case any expert in this forum can throw some light on legality of this rule.