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Parking charges by hsg sty

(Querist) 15 October 2011 This query is : Resolved 
DEAR SIR,
WHAT IS THE MAXIMUM LIMIT FOR CHARGING PARKING CHARGES BY HOUSING STY FOR VEHICLES. OR SOCIETY HAS RIGHTS TO CHARHES ANY AMOUNT DECIDED INT HE GENERAL BODY MEETING.
THERE ARE ABOUT 20/5 MEMBERS IN OUR STY WHO HAS NO PARKING PLACE WHILE OTHERS HAVE PURCHASED PARKING PLACE AT THE TIME OF PURCHASING FLAT. SOCIETY WAS CHARGING RS.500.00 PER MONTH PLUS RS.5000.00 AS A DONATION ON YEARLY BASIS FROM MEMBERS WHO HAS NO PARKING PLACE. WHEN POINTED OUT BY MEMBERS THAT LEGALLY STY CANNOT TAKE DONATIONS STY HAS STARTED TAKING RS.11000.00 EARLY PARKING CHARGES SINCE IT WAS DECIDED IN GENERAL BODY MEETING. WE THINK THIS CHARGES ARE ON HIGHER SIDE AND MEMBERS WHO HAS PARKING SLOTS HAS GIVEN THERE OPNION FOR CHARGING THIS AMOUNT IN GENERA BODY MEETING.
I WOULD LIKE TO KNOW WHAT IS MAXIMUM AMOUNT STY CAN CHARGES AS A PARKING CHARGES. IS THERE ANY MAXIMUN LIMIT DEPENDING OR RELATED WITH MONTLY MENTAINCES CHARGES OR ANY AMOUNT JUST BECAUSE IT IS UNANIMOUSLY DECIDED IN GEN BODY MEETING CAN BE CHARGES BY STY AS THE STY IS IN NEED OF MORE FINDS TO RUN THE STY. I WILL BE THANKFUL IF I GET PROPER GUIDENCE IN THE MATTER.
YOURS FAITHFULLY,
SURESH DESAI
Mob 9819090660
This question is asked but till date I have not received any reply


Shonee Kapoor (Expert) 15 October 2011
It can be decided by the governing body.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi (Expert) 15 October 2011
Dear suresh
the society has their own bye-laws and the society work through this bye laws if in bye laws the society mentioned the parking charge then the society is liable to charged but if not mentioned then it is illigal
ajay sethi (Expert) 15 October 2011
when did the members purchase car parking space?

was it from the society ? or from the builders?

in respect of members who dont have parking slots how is allotment done ? is it by drawing of lots?



the issue as to what should be the parking charges to be levied by the society is to be decided by the emmbers in annual general meeting


the maount of Rs. 11,000charged annually comes to around Rs. 900/ per month .

if the members feel that amount is exhorbitant they can raise the issue in AGm for reconsideration .

Sankaranarayanan (Expert) 15 October 2011
parking charges are allocated by the local govern body. if it is private then the association decided the charges.These are vary from one to another.
prabhakar singh (Expert) 15 October 2011
Mr.Sethi seems to have correct approach over the matter.Like others a parking space is also a common area space which does require common maintenance by the society and shall definitely attract expenditure to be borne by the society which has to be ultimately realized by members using the space,then either by laws are pre ruling the matter or not the managing body would be justified to impose charges,only quantum and its being exorbitant may be an issue which may be resolved by a General Body Meeting.
Raj Kumar Makkad (Expert) 15 October 2011
Directly coming to your query, I am of the considered opinion that there is no law in India which may prescribe the rates. time, eligibility of parking space for the category your mentioned in your query. Rates have been fixed by way of democratic pattern which may be revised accordingly.
Devajyoti Barman (Expert) 20 October 2011
Though the Society does have power to fix the parking fee, if there is found to be arbitrariness in fixing the fee without taking into account the capacity of the member to pay hefty amount of fees the aggrieved member can lodge complaint with the DRCS of his locality.
SURESH DESAI (Querist) 20 October 2011
THANK YOU ALL FOR GIVING ANSWER BUT QUESTION IS WHAT SHOULD BE THE MAXIMUM AMOUNT TO BE CHARGED. IS IT RELATED WITH MENATAINCE CHARGES. IN OUR CASE MAXIMUM MEMBERS HAVE PARKING SPACE PURCHAED FROM BUILDER AND MINORITY OF MEMBERS DO NOT HAVE PARKING PLACE AND THOSE WHO HAVE PARKING PLACE HAVE NO OBJECTION TO CHARGE RS. 11000.00 PER YEAR. EVEN IF MONORITY MEMBERS HAVE REQUESTED THAT IT IS EXORBITANT GEN BODY SAYS MAJOPRITY OF MEMBERS VOTED FOR RS. 11OOO.OO SO WE ARE GOING TO CHARGE THIS AMOUNT THAT IS WHY I WANT TO KNOW WHETHER WE CAN DO SOMETHING LEGALLY TO REDUCE THIS AMOUNT.
ajay sethi (Expert) 20 October 2011
you cna file complaint with registrar regarding exhorbitant parking charges fixed.
Shailesh Kr. Shah (Expert) 20 October 2011
Rightly advised by Shri Ajay Sethi.


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