Car parking for tenants in a society
Gayathri
(Querist) 07 January 2014
This query is : Resolved
Recently i have purchased a flat, and learnt and observed that in the common space few cars are parked, when made enquiries whether me or my tenant will get space to park the car, it was told that first preference is given to owner occupying the flat, over tenants. And it was quoted to me that this is the procedure quoted in the bye law. When i asked for the copy of the bye law, it was not provided to me.
I just wanted to get a clarification, as to
1) Whether my tenant will not have right over the common space to park his vehicle on first come first served basis.
2) Whether the owner's staying there have additional right over my tenant.
3)Whether right of usage of common space cannot be passed to my tenant.
4) Whether this kind of bye law so passed with some special preference (for owner's living there)is valid?.
5)Let me know on the name of some books,To know about these things on bye laws, quorum for bye laws, what are thing can be passed on the bye law.
(please note that common space is not sufficient for parking cars of all members)
Sudhir Kumar, Advocate
(Expert) 07 January 2014
please see bye-laws if they are not providing then seek from registrar under RTI.
without seeing these rules you can neither understand the problem nor can seek proper advise.
Advocate. Arunagiri
(Expert) 07 January 2014
Please check your sale deed, there is any provision for car parking, you have the right over it.
If there is no such provision, you have to adjust with the neighbors.
Any how, you can raise this point in the association meeting and can arrive at a solution amicably.
R.K Nanda
(Expert) 07 January 2014
nothing to add more.
Gayathri
(Querist) 07 January 2014
Forgot to mention one thing, what i said i have bought is the old flat and nobody has alloted car parking. The space that is currently used by few people is the common space for all.
ajay sethi
(Expert) 08 January 2014
how many car parking slots are available ? how many flats are in the society? how many members have cars ?
has society passed resolution in AGM for allotment of car parking slots?
Kishor Mehta
(Expert) 08 January 2014
With due respect to all experts,
[1] A builder can not sell car parking space, it is already decided by the Hon. Supreme Court, hence the mention or not of parking permission in the document is irrelevant.
[2] For parking allotment, members get preference over tenants.
[3] The resolutions adopted at the AGM about the permission of parking to tenants is deciding factor.
Here under are car parking rules for your perusal:
"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 transferee or 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 byelaw, 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
Advocate. Arunagiri
(Expert) 12 January 2014
The car parking slot cannot be sold separately, it is part and parcel of the sale deed.
In metros the authorities clearly specifies that for every 1000 sqft, built up area, one car park should be provided.
The car park area is not added to the FSI.
If the querist produce the sale deed we can find the status of the car parking to that flat.
ajay sethi
(Expert) 12 January 2014
querist has not bothered to answer the various queries raised on the issue more than 4 days back . query is resolved
ajay sethi
(Expert) 12 January 2014
querist has not bothered to answer the various queries raised on the issue more than 4 days back . query is resolved
