Parking problem
sdgupta76
(Querist) 13 February 2014
This query is : Resolved
I am a Chairman of the Apartment in Nashik. There are 23 flats in Apartment and parking is not alloted to anyone. There is person who owns two flats. This person owns the garage in the city. He also deals in refurbishing the old cars and sale them. He brings his garage vehicles and parks them in the aparment. The reason being cited is that since he owns two flats, he has right to park to cars in parking.
I would like to know how can one prevent him from parking old garage vehicles in the apartment. Is there any agency where I can file a complaint?
Devajyoti Barman
(Expert) 13 February 2014
Since he has 2 car parking space , you can not restrain him as long as he parks 2 cars only.
Dr J C Vashista
(Expert) 14 February 2014
Mr. Gupta,
What is the position/availability and allotment of parking space?
Do you have any arrangement/agreement or resolution to allow parking?
What went wrong when a member owns 2 flats and uses parking 2 cars, which you cannot decline, if other 21 members also use to park one vehicle/flat?
Sudhir Kumar, Advocate
(Expert) 14 February 2014
I am not able to agree with Mr Barman and may be permitted to hold different view.
You said that car parking is not allotted to faults. In such case one fault owner cannot be restricted to have only one car. That way two fault holder cannot be restricted to have only two cars.
But each facility has to be observed within reasonability. If he is having a garage and bringing in service vehicles to park in the society then he is stretching his rights.
On this anology another resident may be owning a tent house and he may use parking to park his ware laden tempos. Someone may like to park a minibus and conduct tuition classes of clinic there.
I believe there may be a general body who can pass resolution within framework of the constitution of the society.
Rajendra K Goyal
(Expert) 14 February 2014
If provisions of society bye laws provide after passing resolution in the general body parking space may be allotted to each flat holder or if members agree parking stickers may be given to members for their vehicle.
V.T.Venkataram
(Expert) 14 February 2014
i agree in toto the views expressed by Expert Mr. Devajyoti Barman .Cars, old or new can be parked in the car parking allotted to him.Parking of vehicles, by no stretch of imagination, can be compared to parking of ware laden tempos or tuition classes. The complainant has never stated that the parking is used for servicing/repair of vehicles !!
ajay sethi
(Expert) 14 February 2014
you have stated that there are 23 flats in society . how many parking slots are available ? whether each member has one parking slot? you should frame guidelines for allotment of car parking slots .
as on date you cant stop member from parking any 2 cars in the said slots . merely because it is old garage car you cant stop him from parking it in the said slots
P. Venu
(Expert) 14 February 2014
Has the activity of the particular person caused any injury or other inconvenience to the common rights of other members or the society in general and such incidents brought to the notice of the Chairman or the Managing Committee?
Raj Kumar Makkad
(Expert) 14 February 2014
You have rightly been advised by experts hence no more to add.
Advocate. Arunagiri
(Expert) 14 February 2014
Any occupant can not use the common area for his commercial activities.
T. Kalaiselvan, Advocate 
(Expert) 15 February 2014
Parking his car in the space allotted to him is not commercial use, be it a garage car brought for refurbishing. If the commercial activity is being carried out in the parking space, it can be objected. Further it should be seen that the car parking space to be used for parking of cars alone and not to be used for laden lorry. The bye laws of the society will be having an answer.
