Mahadev 23 February 2016

Stilt parking charges-prior aug 2010

Respected lawyers/Members,

This time I am facing a different issue in my Society. I had purchaed a flat in 2005 with a Stilt Parking . Both the flat and Stilt Parking were registered in same year. I do not own a Car or a 2 wheeler but my family friend parks his Car in my Stilt parking since last 2 years.

From last 2 years , Society is charging me a PARKING CHARGE of 100/- for the Car being parked by my friend and is also charging him 100/-. as PARKING CHARGE The maintenance already includes my Flat and Stilt parking and the PARKING CHARGE is additional to it. When no one was parking their CAR in my parking , Society was not charging us.

My contention is as its my own stilt parking purchased before year 2010 when Stilt parking registration was declared illegal by SC and doesn't come under OPEN PARKING of Society hence is Society correct in charging me the fare. Please let me know whether it's correct and is according to Byelaw or not ?

I tried to raise in AGM but AGM doesn't agree . What are the options of escalating it to the next level and to whom if Society is indeed charging me wrongly.

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3 Replies

Kishor Mehta (CEO) 24 February 2016

Sir,

Hereunder are the relevant rules of parking as per the Maharashtra CHS Model Bye-Laws:

79. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.

82. Every Member shall pay the for parking charges for the number of slots allotted to him / her at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his vehicle or not.

The above will attend to your query.

Good Luck,

Kishor Mehta

Mahadev 24 February 2016

Respected Kishore Sir,

I had bought this flat as a resale transaction in 2005 along with the stilt parking. If i read the above text mentioned by you , i can infer Society has NOT allocated me any space. Hence is such a case i feel PARKING charges should not be levied on me as I am already paying maintenance for my flat and the area of stilt parking to society whereas the PARKING charges is levied additionally on me.