Cooperative society matter.

Querist : Anonymous (Querist) 17 January 2020 This query is : Resolved
We have 8 Buildings out of which 6 were completed by the builder and later he went in to liquidation. We falt holders came together and completed the 2 buildings at our cost. Mean while the cooperative society was formed even though the builder had promise the Apartment Association. Society took interest and got the completion certificate. Out of 60 flat holders the parking under stilt was available for 45 and 15 could not get the parking even though thry paid to the builder for parking and the agreement shows the parking.
Noe these 15 flat owners are parking in open randomly. The parking in open is available but those having more cars are also parking in open. Therefore not being fixed allotment we have to park everyday at different spots. We requested the society to allot a fixed place in open as we had paid for parking like others. Society is not budging and are telling us take up the matter with builder.
Can the society be forced to allocate the fixed parking as we had paid for it and already suffered by delay in getting possession as builder firm was in liquidation. Is there other way to get the rightful parking?

Kindly advice.

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Quick Summary

Flat owners who paid for parking spaces, but were not allocated a fixed spot after the builder's liquidation, are seeking help from their cooperative society. Despite paying for parking, 15 owners are forced to park randomly in open areas. They request the society to allot fixed open parking spots, but the society is refusing. The advice suggests checking the sanctioned plan, consulting a lawyer, and potentially raising the issue in a general body meeting to resolve the parking crisis.

kavksatyanarayana (Expert) 17 January 2020
Put a complaint with the Deputy Registrar/Registrar of Cooperative Housing Societies of your District.

Dr J C Vashista (Expert) 19 January 2020
Whether sanctioned plan of the Society premises contain provision for "stilt" or "open" parking ?
However, the issue can not be affecting few of the members.
It is advisable to consult a local prudent lawyer with relevant records for better appreciation of facts, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Expert) 26 January 2020
The Housing Societies are allowed to frame their own parking rules. This is to restrict non-members from parking inside the society premises. The rule of thumb is that no member will be eligible for allotment of more than one stilt / covered parking space per flat.
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
The builder cannot charge you separately for car parking. The cost of construction, i.e. the sq ft rate, (which apart from your apartment, includes the cost of common areas) should include one car parking space.
The dispute ion this regard can be solved in the general body meeting of the association
The agenda prepared accordingly can be discussed and resolutions can be passed to solve current crisis, hence you may organise a meeting and get the things solved through the meeting.
If they dont cooperate then you can plan to initiate legal steps as per law thereafter.

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