Coop society not allowing to park tourist vehicle.

Sidhhi (Querist) 23 September 2024 This query is : Resolved
What's the remady for flat owner in a cooperative society if his tourist vehicle is not allowed to park in society premises.
It's due to grudge. TIA

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A flat owner in a Mumbai cooperative housing society is unable to park their 7-seater tourist vehicle due to a society ban, reportedly stemming from a grudge. While the society has limited parking for its 25 flats, the owner believes they should be allowed to park their car. Advice suggests complaining to the Joint/Deputy Registrar of Cooperative Societies and exploring legal action if the society unfairly restricts parking in an allotted space.

kavksatyanarayana (Expert) 23 September 2024
It depends on the rules and regulations of the society. Some societies may allow tourist vehicles (commercial vehicles) parked in designated areas, while others may not.

Sidhhi (Querist) 23 September 2024
Remedy? Whom to complaint?

kavksatyanarayana (Expert) 24 September 2024
To the Jt./Dy.Registrar of Cooperative Societies of your district.

T. Kalaiselvan, Advocate (Expert) 24 September 2024
If it is the owner's own vehicle and it is just a four wheeler and not a big tourist vehicle then the society cannot object the owner member to park his four wheeler in the parking space allotted to him.
If the society is objecting to it then the owner member can resort to legal action as per law.

Sidhhi (Querist) 25 September 2024
Thanks Kalaiselven sir. It's 7 seater Ertiga tourist vehicle. Kindly give citation if any?

T. Kalaiselvan, Advocate (Expert) 25 September 2024
The Ertiga is a four wheeler only hence it is considered as a car for the purpose of parking it in domestic parking space of the apartment parking place, the society cannot refuse to permit you to park one car to you, if they do so then it is against the law .
There are several rules for parking in apartment complexes, but they don't specify that the parking of owner's one car in his allotted space should not eb a commercial vehicle.
Some of the rules are;
Not parking more than one car in a parking space
Not parking in front of the main gate, elevator exit area, or any other location that may hinder public access
Not blocking driveways, entrances, or exits
Using designated visitor parking spots for guests
Parking charges: The society can charge different rates for different types of vehicles.
Parking violations: The society can fine members for violating parking laws

Sudhir Kumar, Advocate (Expert) 27 September 2024
you are not giving full facts.

1, what is the society constitution
2. how many cars are allowed per flat
3. how many you are having?

Sidhhi (Querist) 30 September 2024
Adv. Sudhir Kumar,
Thanks for your time and interest in helping with law.
1) It's a co-op housing society in Mumbai K East ward.
2) They have allocated one car for each flat but
total capacity is for 17 cars only against 25 flats.
3) We don't have any parking space alloted.

T. Kalaiselvan, Advocate (Expert) 30 September 2024
The parking area belongs to the society hence it can decide about the parking allotment especially when there are no sufficient parking space to accommodate the cars of all the owner members.
If you have been allotted with a parking slot, refusal to allow parking of your own commercial vehicle is against law.
You can decide legal course of action for relief.

Sidhhi (Querist) 01 October 2024
Thanks sir clarifying situation and law. Please keep it up and don't discourage people in need of legal assistance due to rampant corruption. Indian laws are very good but in the hands of corrupts though you may not agree.

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