Car parking space in co -op housing society

Jaswant (Querist) 31 January 2015 This query is : Resolved
Legally can a housing society allot car parking space to members by taking donation
After allotment there is no common car parking space left. what are the options for members who could not be allotted a parking space.

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P. Venu

(Expert) 31 January 2015
Is the society taking the donations on the basis of any other resolution and ae they issuing receipts? If so, the donation is a sham and the Society is, in fact, selling the parking space.

Jaswant (Querist) 31 January 2015
The society is taking donation only from those members who want reserved parking space. It seems that the society is selling parking space but collecting the amount as donation.
The society is taking donation by cheque and receipts are issued.
The land on which society is there is still not transferred in society's name.
Is such selling/allotment legal.
After allotment there is no parking space available for some members. What should such members do for parking there vehicles?

Rajendra K Goyal (Expert) 31 January 2015
Whether the donation is accepted as per resolution passed by AGM?

Sunil S Nair (Expert) 31 January 2015
No it is reserved right of all the members to the society

ajay sethi (Expert) 31 January 2015
parking space should be allotted by drawing of lots . members can raise issue in AGM . resolution has to be passed by society regarding allotment of parking slots . if you are aggrieved by decision of society you can move cooperative court for necessary reliefs

Dr J C Vashista (Expert) 01 February 2015
I agree with expert Sh. Ajay Sethi.
The Society cannot accept donation for parking space, it has to be sold, allotted and reserve as per Bye-Laws and/or resolution adopted and passed by AGM.