What Society Bye-law says
Policy of allotment of parking spaces and suits.
79.(a) Member may hold Parking Space/stilt if he has purchased the same and he shall have a right to sell the same to transferee or other eligible member of the same society.
(b) The allotment of Parking Space/stilts shall be made by the Committee on the basis of “First Come First Served”, for unsold and available space in the society. The member shall have no right to sell or transfer the said allotted Parking Space/ stilts to anybody.
Restriction on parking spaces stilts Marking of parking spaces or stilts
80. No member shall be entitled to utilize more parking spaces/stilts than what is allotted to him by the Committee or which he has purchased.
81. Where any stilts have been built or open space in the Society’s compound is available for parking of cars, the Society shall number the stilts or the open space in such a way that no inconvenience would be caused to any of the member of the society. The Committee shall ensure that the space is used by the members for the purpose for which it is allotted.
Eligibility for allotment of stilts or parking spaces
82. A member ,having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car 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 stilts or parking spaces remain un-allotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilts/parking space shall be made on year to year basis provided the same is not required by another member, who is not allotted even a single stilt/parking space.
83. In case, the number of vehicles of eligible members are in excess then the available parking space/stilts the managing committee. It allot such parking space /stilts by “lot” on yearly basis.
Applications for allotment of stilts or parking spaces
84. The member desiring to have a stilt or a parking space may make an application to the Secretary of the society giving necessary details. The procedure for disposal of applications for permission under this bye-law as laid down under the bye-law No.65 shall be followed by the Secretary and the Committee of the Society .
Payment of charges for parking of vehicles
85. Every member, who has been allotted the stilt or the parking space shall be required to pay the parking charges 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 motor vehicle or not. Where a member has been allotted more than one stilt/ parking space, he shall pay parking charges in respect of every such stilt or parking space as decided by the General Body Meeting, but within the limits as prescribed by the government of Maharashtra from time to time.
Parking of other vehicles.
86. Every member having a scooter, a motor cycle or an auto-rickshaw shall obtain permission of the Committee for parking his vehicle in the compound of the society and pay the charges fixed by the General Body of the Society at its meeting, but within the limits as prescribed under the circular issued by government of Maharashtra from time to time.
Does a tenant also gets the rights to have a parking space, as given to a member of the society ? Can somebody pl confirm ?
Mumbai High Court First Appeal 2182 states that “Builder is liable to provide the car parking spaces in accordance with the provisions of D.C. Regulation No. 36. The area of the stilt parking space is not included in the FSI nor is it assessable for the Corporation taxes. Thus it should be available to the society /members free of cost. Hence disposal of stilt parking spaces by the developer even before the occupation certificate was issued by the Corporation or thereafter is per se illegal . Moreover the undertakings executed by the flat purchasers in favour of the Builders are in contravention of the provisions of MOFA and thus cannot be considered.
” . This contradict the first statement “79.(a) Member may hold Parking Space/stilt if he has purchased the same and he shall have a right to sell the same to transferee or other eligible member of the same society.” . How can a member hold/sell a Parking space if it is not saleable ???
what is the secretry & chairman having rights in the society
Let us say a society has been formed by a group of individuals and not originally sold by a builder. In this case only houses were alloted as per share certificate and no parking spaces were allotted sold. Subsequently the commitee has started selling parking spaces to members for a commercial consideration – is this within their purview as per the bye-laws ?
As per Bye law member having a motor vehicle can only be eleigible to have a parking space.
What should be the situation if a member was alloted parking space say 5/10 or more ealier but does not hold car for last 5/10 years. Can the parking space be called back if the parking space remains vacant for years together.
Secondly what would be the situation if any members fails to pay parking charges for more than a year. Can such aprking space be recalled.
I have a car which has been provided to me by my employer under the car scheme for employees. The car is in the name of employer till i pay all the EMI’s. I am currently parking this vehicle in the parking lot alloted to us by the society since 4 years at a nominal rate of Rs.100 per month. The parking charges decided by the Managing committee for member cars is Rs.100 /month and for outsider car’s Rs. 1000/month. Society is now telling me that ideally since the car is on employers name it should have been charged as a outsider car. This is the only car which i park. Can the society consider this as a outsider car? as per the bye laws one car is allowed to be parked by a member in the allocated space. A quick response will be appreciated in this area.
the court order does not mention any thing of bylaws.Infact the existance of such bylaws was not brought before the court.by any party .Had it been properly placed before the court the court would not have gone in the meaning of the word garage,and the extended definition of word flat under the MOFA and would have considered the allotment of parking as attachement/appurtenant to the flat.
my society had about 55 open parkings and 20 stilts.the stilts are sold out while the open parkings are alloted. i own a stilt parking but also have been using an open parking for my second car for 5 years. now since ther is a parking problem the society says one parking per member and tells me that i already have a stilt so no open parking for me. i say that i have purchased the stilt but have the right to one open parking just ike all other members. i would like to know where i stand legally on this issue.thanking you .
sir, our soc. is been registered 17 years back , we have got all the documents & papers except the convience deed, which was not given to us by the Builder , I would like to know , in such situation does the society have the right to collect the parking charge from the members.
The parking in Stilt is saleable? If Member has purchased such parking, why society should not charge Maintenance Charges?
i own a parking space wanted to check can i pull up my society secretary and team for misusing my parking area without my concern and letting for the same
is it possible to merge the society office attached to the flat in to the flat area ? if yes please share the clause number .
In our society (70 Members) one of the owner of the flat is not staying since long (25 Years) and one of society committee member occuipied his stilt parking without the consent of owner and the society. Last 10 years the owner is not paying the society dues and become regular defaulter. whenever society approaches for payment, he raises that his stilt was occupied by the committee member and the occupied member is not penalised. The occupied committee member is not an elected member and became a member through back door. how can this unauthorised occupant will be removed. wheter society has the right to collect the rental charges of stilit propronate to owner’s dues from retrospective date.
Builder allotted parking to member by taking money but there is no valid sale agreement. Is the member official owner of such parking place.
i had recently purchased 1 bhk flat on ground floor in residential apartment , in which i run my clinic , although the said flat had been converted in commercial premises even the paper registration had been done in view of considering it commercial an all due dues had been paid accordingly, the problem is that now the society members park there car just in front of my door, i all though dont have hv problem when one car is parked because then too i have some space to enter in my clnic but it become problematic when two cars r parked side by side . i hardly hv any space to enter in my clinic,even though building is old thee is no rule formed for car parking so they keep on parking there vehicle in any way , i would like to know to please mail me detail copy rule & regulation fr parking of car in residential apartment.
Please tell me if son is the owner of the flat, can he obtain a car parking allotment from the society for a car owned by his father. Secondly if cars are in excess than the stilt car parking slots available and allotment is made on first come first serve basis or by draw, if one is not find allotment than next year has he the right for an allotment of parking. If builder has no right to sell a stilt car parking slot, than is there any way out for him to allot a car parking. Regards – Rajendra
Please let me know the limits (as per last paragraph) prescribed under the circular issued by Government of Maharashtra
hi,
is it mandatory for the builder to provision for visitor car parking? if yes is there any minimum requirement and rule to the same
in case the builder has collected in advance a sum towards society corpus creation, can the same be adjusted towards maintenance dues accrued prior to society formation?
there is space in society for parking. but one member is taking objection that he can not park his car in stilit telling that my car is hindering. actually there is sufficient place but he is doing purposly saying that no parking zone said by society.Whether society can declare no parking zone? he is not understanding & society is also taking his side. They are not ready for adjustment. whether we can approach to registrar of the society?
further whether car parking is alloted per flat/ per family if members are holding more than 1 flat on different names.
If some members have more than 1 fla ton different family members & parking more than 1car & member having 1 flat & 1 car. How trhe preferential allotment should be done by the society.
Dear Sir,
I have been parking my two wheeler in common parking area of our society building. There is one flat owner who has parking space allotted to him. But he always utilize more space than upto 5 foots than the space allotted to him.
When asked the reason & request to park in the assigned area, he disputes by saying that space beyond his parking lot is the common parking space so no one can stop him utilizing that space too.
Due to this act of him, other member & I get inconvenience to park & unpark our two wheelers.
Please suggest if he can practice this (utlizing alloted parking space & common parking space)?
What action I can take against him as Society Committe is also not cooperating for this?
Nilesh