Visitors parking area used by members/residents of flat

gk (Querist) 29 January 2026 This query is : Resolved
Respected Experts,

Very Happy New Year Wishes to you all, belated!

First of all, I would like to express my sincere gratefulness to all of you for the efforts you are taking for the public through this open forum by spending your most valuable time to provide with your expertised views, suggestions and advice with reference to the applicable legal points for each and every query we asked.
Pranam to You all!

My present query is regarding the VISITORS PARKING area assigned in an apartment used by some of the residents/members of the Apartment who are having their designated parking slots. We have securities at Gate to control this but they are not listening them and responding to the security persons that "if anyone in the association is having problem for me using this VISITORS PARKING AREA, let them come and talk directly to me but not through the securities".
Then our Association Vice President a senior most person initiated to resolve this issue and conveyed politely this matter. But later he came to the Presidents flat along with other two owners and insulted the President asking him why he is involving in this matter.

He is challenging the Committee it seems and informed the security/Vice President that "I will park my vehicle in the Visitors Parking whenever I wish, if anyone is having objection let them do anything they can and I will face it"
He is a prominent Doctor in the city and he taking all the Committees requests or instruction as a personal vengence against some of the individuals in the committee we can understand.

In the last GBM of association held in November 2025, we have decided that "Visitors Parking should not used by the Residents to park their vehicles" and the decision has been approved in the GBM without any objection among the participants and it has been minuted in the GBM minutes also - just for your information.
Whether we can take any legal action/complaint on his such approach? Is it appropriate ?
Please guide us on how can we handle this situation?
Yours faithfully,
gk

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Quick Summary

A resident is persistently using the visitor parking area despite a resolution passed by the apartment association prohibiting this. The resident has openly challenged the committee and security. The association, registered under the Societies Registration Act, is seeking guidance on legal recourse, as their bylaws lack specific penalties for such violations. Experts suggest filing resolutions with the District Registrar and pursuing a civil suit for mandatory and permanent injunctions.

T. Kalaiselvan, Advocate (Expert) 30 January 2026
The registered association is a legal entity hence it can very well take appropriate legal action as per bylaws against the erring and adamant members/owners if they violate the bylaws or disobey the instructions passed by the association after a resolution passed to this effect in a general or extra meeting of the association.

gk (Querist) 30 January 2026
Thank you very much Kalaiselvan Sir,
In our bylaw we have neither mentioned or specified about the method of handling the concerned persons by proper means on such scenario nor any norms or penalties set for such violations.
Only passed a resolution in GBM on this matter and none of the GBM attendees objected on this proposal of prohibiting Residents vehicles from parking at Visitors Parking Area. In this context whether EC is not allowed to go ahead through court or Police dept ?
Whether we again to be conducted another GBM approval to proceed legally?
🙏

Dr. J C Vashista (Expert) 30 January 2026
If such member is adamant to park his/her vehicle in the slot reserved for visitors despite the fact that the issue has been resolved by GBM, the matter should be reported to be dealt by concerned authority i.e., Registrar Cooperative Societies if you are residing in a Cooperative Society, otherwise the RWA has to move to Civil court through a local prudent lawyer.

gk (Querist) 30 January 2026
Sorry,
the respond been posted twice unknowingly. So edited the same content here in this message since I couldn't find any delete option here.
gk
🙏

gk (Querist) 30 January 2026
Respected Sir,
Our Apartments Association is registered in the year 2023, under Society's Registration Act 1860, Kerala at District Registrar's Office.
🙏

kavksatyanarayana (Expert) 30 January 2026
File the resolutions in the office of the District Registrar of Societies of your district, and file a case against such an adamant person in a civil court through a senior advocate.

Dr. J C Vashista (Expert) 01 February 2026
Registrar of Societies has no teeth to initiate any coercive action, as discussed herein above.
File a suit before area Civil Judge through a local prudent lawyer to issue necessary mandatory and permanent injunction against concerned parties.

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