Parking issues in mumbai housing societies

Sir,

The law about stilt parking in a Co-operative Housing Society is very clear. [1] The builder CAN NOT sell any stilt parking space. [2] Only one car per flat is permitted to be parked in the compound of the Society. [3] If there are more cars than stilt parking spaces, then the parking is permitted by drawing lots.  A period, as fixed by the Managing Committee usually one year, is allowed for the the first successgul drawee of the lot and then the second in line can park his car for the next year and so on.

The right to stilt parking is not transferrable. It is the prerogative of the Society to allow parking as mentioned above.

Regards,

Kishor Mehta

Sir,

You can give a notice to the Managing Committee and if your grievances are not redressed you can approach the Co-Operative Registrar's Court for the redressal.

Regards,

Kishor Mehta

The Society members refuse to oblige by mentioning there is no law provided in the society bylaws. Their claim is that they have formed the society and then given the builder to construct as per the rules in 1999. THEY HAVE PAID FOR BUYING STILT PARKING & OPEN PARKING from the builder. Thus they claim that belongs to them only and does not come under the draw of lots system.

Sir,

I presume that your society has adopted the latest Model Bye-Laws of the Co-Operative Housing Society, under Bye-Law no. 78(a) the Society can sell the stilt parking spaces to its members, after taking possession from the builder, and entering into a regular sale agreement and executing and registering the same.

However, if the members have paid the Builder for the stilt parking spaces, it is not legal. Please, therefore, first inquire from the secretary whether the sale of the stilt parking spaces has been effected by the Society, if yes, then please ask for the date of registration of the sale deed of the stilt parking spaces.

Please refer Bye-Laws nos.78(a), (b), & 80 to 85, these are very clear. You can ask to refer the copy of the Bye-Laws from the secretary, it is mandatory for him to give you a copy for referrence.

All the Best,

Kishor Mehta

I do have a copies of the Bye-laws (old pink & new green cover). The reason for my query was to understand if a member has purchased two stilt parkings or one stilt parking as also one open parking but owning only one flat, is it permissible and legal to hold on to such places as their own space?

Many old members (as mentioned earlier) continue to enjoy keeping the parking spaces to themselves, for use with their relatives, friends or visitors and depriving actual owners from parking their second vehicle within the premises.A member along with the secretary refers to bye-law 79, as also says I am nobody to ask for any sale deed but a letter is shown on the letter head of the builder having "allotted parking space for flat no. with the amount paid" for the space marked on a drawing/layout of the building, attached to the letter.

Sir, 

BUILDER CAN NOT SELL OR ALLOT STILT OR OPEN PARKING SPACES, this has been held by the Consumer Distress Redressal Forum, Bombay High Court and the Supreme Court of India.

Preferrence has to be given to the members of the Society for parking, if there is not sufficient parking space then guests or outsiders are NOT allowed to park in the compound of the society's building.

The only alternative for you is to issue a legal notice to the Managing Committee and if your grievances are not redressed then take the matter to the consumer court.

An important judgement of the Supreme Court of India is attached for your perusal.

Regards,

Kishor Mehta

Tried downloading the attachments several times but not possible as it says, "File not found". As mentioned by you, if the Supreme Court has upheld the verdict by the Consumer Distress Redressal Forum and members do not adhere to the same, is it not a case of , "contempt of court's order"? 

I was told by the committee members, that I can file any case in the court as I find suitable, and they would see and ensure the case drag for years in which time, I would either get frustated and quit, or face insults and taunts from all majority old members. THIS STATEMENT HAS TAKEN ME BY SURPRISE, HOW ILLEGAL & ARM TWISTING TACTICS ARE BEING ADOPTED BY THE COMPLETE SOCIETY & COMMITTEE MEMBERS.

Is there any legal manner where previous judgements are taken into consideration and IMMEDIATE ACTION, legally, officially imposed by some official authority on the managing committee members to implement the draw of lots system in providing parking spaces for eligible society members?

Regards,

Kersi

Sir,

It is advisable to send a legal notice to the Managing Committee, requesting information as under:

[1] Whether the mandatory Indemnity bond on Rs. 200/- stamp paper has been executed by all the members of the Managing Committee within fifteen days (time is the essence) of the election? When the copies of  these bonds have been submitted to the Registrar of CHS? This is mandatory if this procedure is not followed then the election of the Managing committee is null and void and they can not take any decision in any Society matter.

[2] Write to request a parking space in the building of the society in the capacity of an authorised member, if the society declines ask for reasons. (Vehicles of ousiders can not be allowed to be parked in the society's premises when authorised members are not allotted space)

[3] Take up the matter with the District Consumer Redressal Forum, do not cow down to strong arm tactics.

You will have to take up this matter legally and Consumer Redressal Forum is the best bet for a speedy remedy.

regards,

Kishor Mehta

[3] 

Below is copy paste from one of the letter i wrote to my developer. You can use the same.  You write a letter to your managing committee mentioning this below points. Wait for thier reply. I am sure they will not reply. if they reply, attached that reply, your letter & send it to Dy.Registrar.  

"we would like to draw your attention towards the Supreme Court Judgment vide Civil Order No. 2544 / 2545 / 2546 / 2547 / 2548 / 2449 / 2456 of 2010 between Nahalchand Laloochand Pvt. Ltd (Appellant) versus Panchali Co-operative Housing Society Ltd (Respondent) which clearly states that Stilt parking falls under the descripttion of common area & are not salable at all.

 We would also like to share the below opinion from Maharashtra State Co-operative Appellate Court, Mumbai (M/s Shabi Construction Company versus Arenja Co-operative Society Ltd.):-

 “It is pertinent to note that parking spaces are mentioned in clause 22 of the Maharashtra Ownership Flats Act along with words open space, lobbies and staircase giving clear indication that these spaces are also common amenities. This also indicates that car park spaces do not have independent status. Clause numbers 22 and 23 could not have given the developer right to deal with the open spaces, car park spaces lobbies and staircase. Such property would remain the property of the developer, but he would keep the property as trustee and convey the same at the earliest to an association formed by the purchaser of flats. This is legal obligation of the promoter/developer under section 11 of the Maharashtra Ownership Flats Act”.

Dear Mr. Kishor Mehta, My name is Vishal...Can i have your any contact number...I am also in need of your guidenace regarding car parking...

In case of redevelopment building in Mumbai andheri area, if due to lack of car space, stilt and open car parkings are allotted to existing members by way of a lottery, then what are the rights of those members who missed out in lottery draw?  They are also the members of the socsiety then how come they are not entitled to a parkinf space? The lottery draw was done in 2008 or 2009 during the process of construction of the redevolpment building and till today the building is not complete.  2 out of 3 wings are only complete and that too not fully.  So whether lottery draw before even the building is not complete cab be considered valid.  Please guide urgently.

Dear Vishal, parking lots are not alloted permanently to any members. it has to be fixed by no of months. The exclusive right of parking space remains with society only, no one has right to sale it or allot it to anyone permanently. In some of the society it is been observed that they allot parking space for six months or for one year as decided in AGM. 

Is there any difference in the old byelaws versus new byelaws regarding allotment? If the initial allottment was in 2005 and there was no terms and condition related to time-limit of allotment, can the T&C be changed retrospectively?

Dear Mr. Vishal,

All the members of a registered co-operative housing society have equal rights, Mr. Sanjay Mistry has qualified the legal position in a nutshell. If you would like to meet me please call me on 9870456887, or contact me on: <mehtakishor@gmail.com>.

Kishor Mehta