Cooperative housing society.
Maxi newandram
(Querist) 12 November 2013
This query is : Resolved
I am Secretary of a society in Mumbai.
On Parking :
One member has 5 cars and 1 garage, so we are setting up a SGM on 1st December to curtail the number of cars a member can park in the society compound:
With Garage : 2 Cars.
Without Garage : 1 Car.
Additional cars have to be parked outside.
This way, other members can get car parking space ! What do the bye laws say about this ?
** There are 15 flat owners, there are 2 closed garages,7 Stilt garages, there are 4 members who do not have 1 car parking also, the Society has never taken up this issue and has allowed from 1976 to be cooperative and adjust. Now, we are having requests
for single car parking, which we are not able to meet and hence we have to take some steps.
On Blocking or Expelling a member:
A member of our society, despite we taking his points into account, insists that we are unfair to him.
# Recently, he walked out of a AGM on his own being cornered, now has sent letters accusing us of throwing him out of the meeting.
#In the Past, he was the treasurer and He has changed records, taken MC members to Registrar etc...
#He instigates members and disturbs peace and quiet. He is around 48, the flat is owned by his mother, in 2003 he applied for Associate membership, which is still pending.
# He wants accountability for every breath we take, whereas the members are not willing to come forward to take on MC positions, so I have been appointed twice as secretary. For the smallest thing, he raises questions, some decisions have to be taken and cannot wait for paper work, but he demands paper work and proof.For him everyone is a thief.
# We do not want to expel his mother, but we are wary of such a person becoming a member of our CHS, so can we block this on above grounds?
# What does the CHS Law say ?
Appreciate a answer of any of the issues.
Sudhir Kumar, Advocate
(Expert) 13 November 2013
what does the constitution of society say on this?
whether membership conditions provide for paid parking?
whether these five cars are commercial?
Dr J C Vashista
(Expert) 13 November 2013
1. Incomplete information, give full facts.
2. How many cars can be accommodated in the society? Whether, Bye-laws/Resolution of the society approve multiple vehicles to be parked inside society? What is the arrangement made to accomodate multiple vehicles of other members?
3. The society cannot expel a member on this count, see the provisions of Maharashtra Cooperative societies Act and Rules, do not adventure
R.K Nanda
(Expert) 13 November 2013
state full facts.
Maxi newandram
(Querist) 13 November 2013
The CHS is a Housing Society, the cars are private and not commercial.
Society up to now has accepted cars, but now there are more cars and less space. 4 members do not have car parking space and as per Society Law we have to give each member car parking, the member has 1 closed garage and parks 4 cars in common ground.
Cats: the same member has 15 cats in his home, also, he is keeping food in his garage for outside cats and dogs, resulting in littering in compound and visits from outside cats and dogs.What can be done to stop this problem.Some cats have sprung on senior citizens and children as the cats are never on leash.
V R SHROFF
(Expert) 13 November 2013
WQhy don't you keep Co op soc Advocate to deal with such difficult members.
Once you delegate it to lawyer, That person have to break his head with lawyer, loosing his time & energy. & You can relax, Legally,
He will sell his peace, and you will buy at at Society Cost..
& Society will be advised in such situation, which is the best practical alternative::
Ur adv will get proper orders from Registrar, and ur problem creator have to deal with officials..
All members will also go against Mr. X, as they have to pay for problems created by Mr. X.
urs is rich co-op soc, and can bear legalm expenses.
Rajendra K Goyal
(Expert) 13 November 2013
Agree with expert VR Shroff ji, nothing more to add.
Maxi newandram
(Querist) 13 November 2013
Dear Shroffji,
Thank you, off late having asking the lawyer to reply every word and every para, and charging the member 3000 rupees per letter replied by lawyer. Atleast this will slow down his letters and the length.
Also, am looking at ways of blocking his membership, in case of his Mother's death.
Putting down the facts in AGM and everyone is tired of him and as he does nothing, he only thinks of ways to create trouble for us, so would appreciate if can find ways to block his entry by nomination, will or associate membership ! We prefer he sell and go away too !
What is your opinion on Parking and Pet problems ?
Thanks for your time and
valuable feed back.
Regards
ajay sethi
(Expert) 13 November 2013
bye laws are clear . there are 15 flat owners . 9 slots . if number of slots lesser than slots available allotment has to be by drawing of lots annual basis .
if more slots available then each member can be alloted one car parking slot
ajay sethi
(Expert) 13 November 2013
as far as trouble maker is concerned ignore his correspondence . he is not a mmeber of society . only his mother is . she can only raise queries not the son
R.K Nanda
(Expert) 13 November 2013
nothing more to add.
Kishor Mehta
(Expert) 13 November 2013
Sir,
With due respects to the Experts:
[1]The parking regulations for a CHS are as under:
"Co-Operative Housing Society Bye-Laws about car parking
78(a) Member may hold parking space/ stilt if he is allotted the same.
(b) The allotment of Parking Space/Stilts shall be made by the Committee on the basis of “First Come First Served”, for available parking spaces. However in case of Parking Space/stilts allotted by the Society, the member shall have no right to sell or transfer the said allotted parking space/stilts, to anybody.
79. No member may be entitled to utilise more parking spaces/stilts than what is allotted to him by the Committee.
80. Where any stilts have been built or open space in the society's compound is available for parking of cars, the society shall number the stilts or the open space in such a way that no inconvenience would be caused to any of the members of the Society. The Committee shall ensure that the space is used by the members for the purpose for which it is allotted to them.
81. A member, having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner of the company of which he is the director. If any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilt/parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space.
82. In case the number of vehicles of eligible members is in excess then the available parking space/stilts, the managing committee shall allot such parking space/stilts by 'lot' on yearly basis.
83. The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the Society giving necessary details. The procedure for disposal of applications for permission under the bye-law, as laid down under the bye-law No. 65, shall be followed by the Secretary and the committee of the Society.
84. Every member, who has been 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 actually parks his motor vehicle or not. Where a member has been allotted more than one stilt/ parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.
85. Every member, having a scooter, a motor cycle, or an auto rickshaw shall obtain prior permission of the committee for parking his vehicle in the compound of the society and pay the charges fixed by the General Body of the Society at its meeting.
[2] The application for associate membership can not be curtailed or kept pending for a long time. The best approach would be to ask for written complaints to be able to prove the nature of the complaints. legal complaints, however, negligent has to be replied. Barring of a member is a tall order, and requires a catena of adverse evidences.
Good Luck
Kishor Mehta
Maxi newandram
(Querist) 13 November 2013
Dear Kishoreji,
Thanks for your reply, the problem is up to now the society did not bother to make parking rules, now 4 members want parking spaces and there is non, as 1 member parks 4 cars in common area and 1 in garage, so we are proposing 2 cars if a person has garage and 1 car if no garage, other cars must be parked outside, so as to give 4 members space for 1 car at the least.
Associate membership has been pending since last 7 years,I became secretary last year. I understand that grounds need to be created for barring him, so we have started and started collecting proofs, so over a period, we have enough evidence to prove his barring is correct.
What do you think ?
Regards
Maxi newandram
(Querist) 13 November 2013
Also what to do about this member who has 15 cats in his house, but wants to feed all the cats and dogs in our building ? Any solution for that ?
Sudhir Kumar, Advocate
(Expert) 13 November 2013
your problem is too complex (eve if it is real) to be discussed here. engage your lawyer.
Rajendra K Goyal
(Expert) 14 November 2013
Consult a local lawyer and show him all the documents, and appraise all events.
Kishor Mehta
(Expert) 14 November 2013
Sir,
No law can be changed or challenged on account of previous continuous usage or actions to the contrary.
Every official member of the CHS must be provided parking space, as per the availability and conforming to the regulations. Garage owners can not be given preferential treatment. The parking regulations are very explicit.
As you are the secretary, you and the members of the managing committee are responsible for the acts of commissions and omissions, in the matter of your CHS. You should not shirk your duty, but should act firmly in your own interest. Previous usage, if adverse to the terms of law, is no excuse.
As regards the cats, you may take recourse to The Prevention of Cruelty to Animals Act, 1960. This may help solve your problem.
Good Luck,
Kishor Mehta
Dr J C Vashista
(Expert) 15 November 2013
Engage a local lawyer, pay him/her fees and your case will be dealt with in a professional manner, which is not possible at this plateform
V R SHROFF
(Expert) 15 November 2013
ROTATE PARKING LIST EVERY YEAR TO GIVE CHANCE TO OTHERS. PASS RESOLUTION IN AGM; Get approved by Registrar..
