sale of open car parking & levy of charges

REKHA PAI (Querist) 04 June 2011 This query is : Resolved
Question :: I am a member of a coop hsg society in mumbai.society registered on 29/04/2003. In the AGM held on 16/11/2002, the chairman of the proposed committee has stated \"flat owners can purchase the parking space at the rate of Rs30000/- from the builder as against Rs60000/- claimed by the builder.\"Subsequently 78 members have purchased the open car parking spaces. I am one of them. At that time no member objected to the same. In the agm held on 17/08/2008, the then Hon Secretary stated that concretisation of the open space was completed under the mutual agreement with the builder saying that he will complete the work if 80 members buy the open parking lot from the builder, which was mutually agreed by the proposed committe of the society. At present though no resolution was passed in any General Body meeting, the present managing committee suddenly started levying parking charges to the members who have purchased parking space from last two months. Again there is one more discrimination viz, charge is levied on members residing in 2 wings. Our society has 7 wings with 32 flats per wing. Now my question is:
1)if extra open spaces were kept by the builder does he have the right to sell open parking space?
2) Is an agreement necessary for such purchase?
3) Can the managing Committee give a notice & ask the 78 members to surrender the open parking space?
4)Can parking charges be levied on 78 members at the same rate as other viz,those who have not purchased slots from the builder? That too without passing resolution in the General Body meeting?
5) I had given a letter to the society on 09/04/2011 asking if any resolution has been passed for levy of charges. I have still not got reply for the same. Is there any time frame within which i should receive reply for the same.
Orally I was told that the levy is as per the Registrars instructions which is not in writing.

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