Open parking in coop society
Vinod
(Querist) 23 September 2013
This query is : Resolved
Hi - I have recently purchased a resale property. The said flat has an open parking allocated to the previous owner. It was given to understand that the parking shall also be available alongwith the flat.
In the interim period when the sale of the flat was being executed the said open parking was allocated on a temperory basis to another member who does not have a parking inside the compound. This member is now refusing to move citing some supreme court ruling on open parking. The committee which had initially said that the parking would be made available in 15 dyas is now dillydallying on the topic and not providing me the said parking which is allocated and clearly marked as attached to the flat number. The committee is now saying that as per rules when a sale transaction is done the open parking does not get transferred to the new owner.
Is this correct ?? Appreciate if you will provide inputs on how I can get what is rightfully mine as a result of the sale transaction.
Kishor Mehta
(Expert) 23 September 2013
Sir,
The car parking bye-laws in 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, and he shall have a right to transfer the same to other eligible member of the same society.
(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."
Good Luck,
Kishor Mehta
