| Originally posted by : Deep Kumar |
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I brought a 10 year old flat couple of months back with covered parking in Pune(MH). While society transfer, secretary told me that they will relocate my parking to make way for building entry and exit. And this is already decided in the society meeting, which the last owner had no information. In my registry papers the parking number / location is clearly mentioned.
Can society relocate my parking? What are my options here? Neither ex owner / me have signed anywhere related to parking relocation. |
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1. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. As per model bye-laws, Parking should be allotted to members, using yearly "rotation policy". You can put the CHS on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.
3. IF Society fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the CHS member.
4. Society is well within its right to allot parking or withdraw parking spaces to its members, without any legal justifications, whatsoever, more so since Mg.Committee is the governing body of the Society premises.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
