parking charges for visitors over 24 hours in a cooperative housing society

Any menaingful suggestion requires that the bye-law as well the law under which the Society is registered be perused.

Dear learned advocates 

Thanks for your quick answer.

By the way bye laws are applicable only for the members of the society and no third party eg tenants and visitors 

Am I correct?. Still look forward to your further legal views 

Best regards 

The society's decision through its bylaws to charge parking charges to the visitors vehicles parked inside for over 24 hours is applicable to all the members. The visitor has to visit one of the members without which he cannot be a visitor to the apartment complex.  Therefore the bylaws are certainly applicable to the visitors irrespective of the fact that they are not the members. 

Bye-Laws of the Cooperative Society to members / residents and their relatives, visitors etc, who so ever enters / uses the premises.

Charging of parking is an internal decision of Society specific, which will not find place in Bye-Laws / State CS Rules and/ or Act.

Many thanks sir

So it's illegal for society to charge parking charges for visitors since there is no such provision in the Maharashtra Cooperative Housing Society Act 1960.

Please throw more light in this regard. 

Thanks and best regards 

Your questions to the members of this forum seems like you are testing the knowledge of the members of this forum

You may visit the bylaws of the society for getting more clarity in this regard

No sir 

Please have such an assumption. 

I highly respect all the learned advocates on this forum who have been assisting me by rendering valuable legal views on my various questions. 

If you think so so I would tender my deepest apology.

Best regards 

Do not apologise, it is not necessary and don't feel hurt either.

Many people visiting this forum raise questions on hypothetical matter or out of their academic interests.

You can discuss your real problem instead of raising  blunt questions. 

To your question:

The society, if authorised by the bylaws to collect parking charges from visitors can veryb well proceed by the law, then it can be objected in the next general body meeting only.

You cannot raise your objections outside the society.

No doubt the visitors are utilising the parking space meant for their host and not occupying the parking space allotted to some other member by force.

The society in order to avoid nuisance and also commotion among the members, may have decided to restrict or curb this practice hence had come out with this idea/

You can very well raise this point in the next meeting and get the clause removed from its bylaws with two third majority.

Please let us know in which State your Society is situated. If it is situated in Mumbai these are  rules. Many societies display board indicating "no parking for visitors". This is not permissible under the Development Control Rules (DCR) in Mumbai. Under DCR space has to be earmarked for the parking of visitors' vehicles. Byelaws are applicable to members. Society is the owner of the premises and a visitor is an outsider. Hence Society has every right to charge for the parking of vehicles by visitors. But a person who parks his vehicle for 24 hours or more cannot be called a visitor. He could be an outsider who is allowed to park his vehicle in Society's premises. A definiton of a visitor and the maximum number of hours he can park is necessary. The General Body should pass resolution allowing such parking by visitors.

Dear learned sir

Our society is situated in Pune Maharashtra state.

Thanks for your valuable legal views.

Best regards 

You ascertain the law and facts by visiting the bylaws of your society for proper understanding and then decide further course of action as suggested.

Many thanks sir

Best regards 

You are welcome for your understanding