Puneet (Manager) 30 September 2014

Differential parking charges for tenants

I’m residing in cooperative housing society as a Tenat. My Landlord & his family members has 3 flats in the Society. He & his family members are residing in 2 flats and given a flat to me on lease and licence basis. My Landlord does not have any Car. I own a Car. In the last AGM society has passed a rule where in the non members / tenants have to pay parking charges of Rs 1500/- p.m. while the members have to pay parking charges of Rs 100/- p.m. There is no shortage of parking. All the cars in the society are parked easily. And parking space can accommodate minimum 5-6 more cars.

My Landlord is ready to help but wanted some legal grounds to challenge the rule passed by the society.

Request you all to let me know

Whether society can Charge differential rate from members and non members for parking vehicles.
If not, then what steps my landlord should take to challenge society.

Thanks

Reply Follow

3 Replies

V M DAHAKE (PROPRIETOR) 06 October 2014

Dear Sir,

Society would be in its right to charge separate parking charges rate for tenanted premises. The act provides for 10% of service charges as Non Occupancy charges for tenanted premises.

Parking and other charges can be decided by society and is a sort of buffer amount for the society. Only restriction is to get it approved in AGM and action should have reasonable basis. Reasonable higher charge for parking for tenanted premises may not be taken as arbitrary, in my opinion particularly considering scarcity of the parking space. Some societies even stipulated separate parking charges for guests vehilcles.

If felt aggrieved, you can approach the co-op. court.

Puneet (Manager) 06 October 2014

Dear Sir,

Thanks for the reply.

Just wanted to add / correct there is no scarcity of the parking space. Still can society charge higher parking charges for the tenant’s car.

My Landlord has given a letter to society stating he has taken my car on rent from me for Rs 4000/- per month. And the said car is parked in his capacity and not in my capacity.

Still the society is not agreeing to it.

What further course of action you all can suggest

nagendra (proprietor) 30 October 2014

I do not accept differential parking charges to flats given on rental. The co-operative law mentioned non-occupancy charges for flats / shops given on rental basis to treat tenants equally eligible for all common amenities as residents of society without any discrimination.

The purpose of planning and executing allotment parking spaces in co-operative housing societies is to facilitate parking to all residents in a rational manner taking the space availability into consideration.

The co-operative law is silent on parking facility to tenants, not to give any right to AGM of CHS to decide on the same, but to treat all legally correct resident units equally without any discrimination.