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tv subramanyan (accountant)     08 July 2009

parking rights

We are an association of  83 flats.33 flats are tenant occupied and 50 flats owner occupied. For past 25 years common open space was used for car park by all occupants without any discrimination. But recently the cars have grown over the parking space. So, the resident owners, who are majority, have passed a resolution to the effect that tenents have to pay 4 times parking fees than owners. They also propose to pass another resolution that tenents do not have parking rights. What is the remedy for non-resident owners (who have let out the property), sinece the hold only 33 votes out of 83.



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 2 Replies

Mohit chawla (PRACTICE)     11 July 2009

you will get appropriate legal remedy under Easement Act.

Adv. Lalit K. Jhunjhunwala (Lawyer)     13 July 2009

Approach the Cooperative Registrar of the Area with a compliant. He will conduct an enquiry into it and nullify the Resolution. That should solve your problem. The resolutionpassed is illegal and against the law of Natural justice. go ahead you will get your remedy.

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