RAJ MEHTA (CHIEF MANAGER) 19 May 2015

Parking issue: need immediate help

Dear Sir,

I have given my flat on rental basis .In same premises i have one stilt parking and additionally i have open parking spaces taken from society on rental basis @Rs.300 / per month ,as i have two cars with me one for personal use and one for office use .I used open parking space since long time back.

We have limited open parking spaces and 64 members in our society .

Now they are asking me to handover open parking space back to society as they want to issue my open parking space to other member of our society .

They told / argue with me that now you are staying at this society so ,we will not allow you to park your car in open parking area .

They all's are planning to pass this resolution in AGM and i m sure that no body will support me for this case and i do not want to handover open parking space to society .

So, pl suggest what to do .

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4 Replies

Kishor Mehta (CEO) 19 May 2015

Sir,

The attached parking bye-laws of the CHS will satisfy your queries.

Good Luck,

Kishor Mehta

Attached File : 51430 20150519164624 287565600 150405a latest parking bye laws of chs.pdf downloaded: 89 times

Dr J C Vashista (Advocate) 20 May 2015

Parking in CHS can not be sold/rented out to the member/resident. The space forms part of common area of the society. What is there in the Bye-Laws of your society?

Mr. Kishor Mehta,

1. The model bye-law as shown in the attached file is applicable to a specific state and not all states in India, even otherwise Cooperative Societies Act is a State legislation.

2. Another important factor that the (particular) CHS has adopted this Bye-law in the same manner or amended to suit the requirements of the members of that Society.

3. Accordingly universal applicability of the said "model bye-laws" is to be termed as a guidelines for the Societies subject to Act/Rules governing the CHS.

Kishor Mehta (CEO) 20 May 2015

Sir,

[1] The parking Bye-laws, which I have attached with my previous reply, are applicable to the State of Maharashtra.

[2] Parking Bye-Laws can not be modified for the convinience of some members, these have to be adopted as they are.

Good Luck,

Kishor Mehta

T. Kalaiselvan, Advocate (Advocate) 21 May 2015

If the society is proposing to pass a resolution to take away the parking space from your possession in accordance with the bye laws of the society, you cannot but have to comply with the decision. Instead of asking for suggestions to justifiy a wrong thing, better adjust and live twith the society for your own benefit.