Can society levy parking charge for the bike & cars?

mahmood mithani (Querist) 11 September 2024 This query is : Resolved
Our is a housing society registered with MCS Act,1960, being a chairman of the society want to clarify if a society can charge monthly for dedicated car & bike parking charges - being a charge as a upkeep/ maintenance of car / bike parking in the building compound. i would highly appreciate if someone give legal opinion on the above thank you

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A housing society chairman is asking if they can levy monthly charges for dedicated car and bike parking spaces as a form of upkeep. Generally, if parking spaces are purchased with the flat, owners don't pay extra. However, if the Annual General Meeting (AGM) decides to introduce parking charges and amends the bylaws accordingly, the society can indeed charge members for allocated parking spots, regardless of whether they use them.

kavksatyanarayana (Expert) 11 September 2024
Usually, the owners purchase the flat with car parking and a stilt area. So all owners/residents need not pay the charges. But if the AGM decides to levy parking charges and the same is incorporated in the bylaws then only you can ask for charges.

T. Kalaiselvan, Advocate (Expert) 12 September 2024
Parking charges: Section 84 outlines the provisions related to parking charges within a housing society. Members who have been allocated a parking space or stilt are obligated to pay an annual parking charge determined by the General Body Meeting of the housing society.
Under Section 84 of the MOFA Act, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.
The members DO NOT own these spaces individually
Allotment of Parking space is in accordance of the guidelines set by the General body which is an "Administrative function" and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members.

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