Society refusing to give 2 wheeler bike parking

Shaikh Zahid (Querist) 19 October 2024 This query is : Resolved
Dear Sir

I am the owner of the 2 BHK flat in a co-operative society in Mumbai with 1 stilt car park (after parking my 4 wheeler in stilt parking there's no space left), I also have a 2 wheeler for which I had applied for a parking space application in writing dated 04/09/2024 which was refused by the managing committee on the 06/09/2024 saying below lines

"This is to inform you that there is no additional parking space available in the society premises. Please tie-up with someone who have stilt parking they will have provided parking space on rental basis. We will let you know if parking is built in future."

There are people in the society who have taken 2 additional parking space for 2 wheeler after having stilt car park, so my question is not the onus on the society to provide parking space (There are still few 2 wheeler parking space left) in the society, which can be utilised to provide parking

Due to this I have started parking my bike under my stilt car park, but then the bike stays out of the stilt area, for which they have applied a fine of Rs. 1500 on my maintenance bill (They have not given anything in writing prior to applying fine in the bill)

What they have given is some rules from the AGM register related to parking of vehicles in the society premise.

is there a way to seek interim parking space through the Registrar or Co-Operative Courts in Mumbai (Do note that this building is built on MHADA land for which we pay LEASE RENT CHARGES to MHADA every month) if yes then what should I do next in-order to get some interim order form the court until a permanent parking space is granted to me so the society DO NOT APPLY further Parking FINE CHARGES to me.

Look forward to your kind reply

Many Thanks

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Quick Summary

A flat owner in a Mumbai co-operative society is facing issues with parking their two-wheeler, having been denied a space by the managing committee despite having a stilt car park. The society has started imposing fines for parking the bike outside the designated car park, citing rules from the AGM register. The owner is seeking advice on how to obtain interim parking space through the Registrar or Co-Operative Courts to prevent further fines while a permanent solution is sought.

T. Kalaiselvan, Advocate (Expert) 19 October 2024
If your request for two wheeler parking submitted in writing was rejected in writing by citing any law in this regard to and if you feel that it is an unjustified reason, you can give a complaint to the registrar of cooperative society in this regard with documentary evidences to substantiate your claim and complaint against the society.
If there's no respite or favorable response then you can escalate the matter through legal forum.

SIVARAMAPRASAD KAPPAGANTU (Expert) 19 October 2024
Normally, in any Apartment, each Owner shall have one car parking, the price of which is included in the sale consideration paid, the fact of which is recorded in the sale deed. Nobody gets any right to park additional vehicles beyond the space they own. In some Apartments, subject to availability of space, depending upon the area available beyond the car parking space already owned by Apartment owners, shall be demarcated for two-wheelers, which may be allotted on first come first served basis. Besides this, even society also shall not be in a position to provide additional space. After all the society consists of all the owners and for convenience a few persons shall be elected to get the maintenance of the common area done, besides payment of electricity bills of the common area etc. If every flat owner starts bringing additional vehicles and demand space for parking, wherefrom the society also shall bring! We need to understand the practical problems and cooperate with the Society and avoid unnecessary legal battles, which will only vitiate the atmosphere among the neighbors.

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