Dear Sir,
We live in a Residential Apartment Complex in Kolkata, West bengal which is registered as a Society under the West Bengal Societies Registration Act, 1961 built around 1990. Some of the members have purchase car parking in Stilt Parking areas under the buildings. Now, there is inadequate number of parking spaces for new members. Moreover, some of the owner members of the Stilt Parking spaces are leasing out their car parking areas to outsiders (non-members). Therefore we, the new car buyers, are forced to park our cars in the open space in between the building. The Society members are treating this as encroachment and asked us to remove our vehicles. My question is:-
1. What course of action should we take?
2. Are outsiders allowed to pay rent to invividual stilt owners and keep their cars in the complex?
3. Are 2 wheelers also covered in common space encroachment as many 2 wheelers are also kept?
4. Are Stilt parking areas common spaces as per the Supreme Court judgement thereby making them common areas instead of them belonging to individual members?
5. Since we own a single car, aint a single car permissible in the society premises as we are members?
Pls advise our next course of action.