Smita_L01042008 (student) 23 March 2011

Dispute on Car Parking with Society

Dear Members,

Kindly guide what can be done in the following case.

The society pass a resolution that the occupants who are residing in the building on leave and license basis, shall not partk their car within society but they will park their car outside the building. in case of non compliance, such member who is owner of the property shall pay the penalty.

One of the member of society who let his property on leave and license basis has sent a legal notice taking objection on resolution of society and alleged the uterious motive of the society. The said member is demanding the plan of parking, members details, copy of notice of meeting, minutes of meeting, whether resolution is registered with Registrar of society etc.

Please guide in the matter.

1. whether society can pass such resolution

2. what is procedure to pass resolution

3. is it compulsary to get approal of Registrar of society.

4. any action likely to be taken against the Secretary of society.

Thanks

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5 Replies

Atul R Rumale (legal consultant) 23 March 2011

The resolution passeed by the society is illegal and ultravirous agianst it's members.

Secondly right of parking of the tenament holder should be decided on the strength of Deed of Declaration whcih will show the right to ulitisation of patking.

legal action can be intitated agaisnt the secratary.

Suchitra. S (Advocate) 23 March 2011

It is not fair on the part of the society to frame such rules. A owner of the apartment will be the owner of a parking space as well. In that case, society cannot ask a tenant of an apartment to park his vehicle outside the premises. He can challenge the same.

CA VK Dwivedi (Job) 23 March 2011

Dear Sam,

Could you please clear whether flats are owned by the society and given to memeber or it is owned by the individuals and they have formed a society.

If society is the owner, then Resolution is valid.

VKDwivedi

Bharatkumar (ADVOCATE ) 24 March 2011

Your right to parking your car in parking space. U / owner challenge the resolution of society. U see the plan pass copy of society and see the parking area in this plan. owner / U give a application for this matter to the society. Then u give a application in Registrar of Society.

KRISHNA (PROP) 31 December 2013

I am a flat owner and was alloted stilt parking space by the buider at the time of flat purchase. Thereafter, resolution to this effect was also passed. Now the scty. is not allowing my tenant to park his car in my

alloted parking space. P.lease advice.