How many parking space for 1 member
PRAFUL
(Querist) 15 December 2015
This query is : Resolved
Dear Sir
I stay in Mumbai , our chairman has only 1 flat but parking his family 2 cars and that is again in others stilt parking whos owner is charitable trust who do not have any cars registered but having 2 stilt parking with 1 flat ownership . is this Legal ?
P. Venu
(Expert) 16 December 2015
Does the other person (the Charitable Trust) any objection?
Rajendra K Goyal
(Expert) 16 December 2015
Entity whose space is used can object?
PRAFUL
(Querist) 16 December 2015
Dear Sir,
But there is possibility to have 2 car parking even if you have 1 flat and do not have any single car ?
PRAFUL
(Querist) 16 December 2015
Dear Sir
Even charitable trust can give his own car parking on rent basis ? is it okay with trust to earn money by giving his own space on rent ?
Kishor Mehta
(Expert) 16 December 2015
Sir,
According to section 79 of Model Bye-Laws of Maharashtra Co-Operative Housing Society rules, the trust should not be allotted parking space since it does not have a four wheeler vehicle. Further no member should be allotted more than one parking space if the available parking space is not sufficient to accommodate the cars of all members.
Section 79 reads as under:
79. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director.
Good Luck,
Kishor Mehta
PRAFUL
(Querist) 16 December 2015
Dear Kishore bhai
Thanks
Pl. give your contact number , so i can speak to you ...
K.S.Srinivas
(Expert) 17 December 2015
I go with Expert Kishor Mehta.
PRAFUL
(Querist) 17 December 2015
Thanks to every one who replied me ....
:)
Advocate. Arunagiri
(Expert) 17 December 2015
If the owner of the car parking area is permitting another tenant to use his parking area, you have no right to object this.
PRAFUL
(Querist) 18 December 2015
Dear Sir
Owner is Charitable trust having only 1 flat membership with 2 stilt parking without any car registered with trust ... can still eligible to rent the stilt parking , out society do not have any LAws for parking till date
PRAFUL
(Querist) 18 December 2015
Dear Sir
There is 1 more issue , 1 memeber who having 3 stilt parking in his family membership of only 2 flats in CHS , he also block 2 common car parking area in compound with paint of NO Parking Sign on wall as he wants to keep that car parking area free to take out his very big full size car which is greater than his stilt parking allotted as well keeping 1 stilt car parking area open with out any car . is this permitted to paint NO parking on Wall of common car area parking, till date no permission taken any SGM or AGM for the same.
Kishor Mehta
(Expert) 18 December 2015
Sir,
Parking rules under MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY are as under:
This shall answer your queries about parking rules in a CHS in Maharashtra.
Good Luck,
Kishor Mehta
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MODEL BYE – LAWS OF
COOPERATIVE HOUSING SOCIETY
77.
a. The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under
b. The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.
c. No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society
78. Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and / 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.
79. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.
80. In case the number of eligible Members for parking slots is in excess of the available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the General Body regulations.
81. The Member, desiring to have parking slot, may make an application to the Secretary of the Society giving necessary details. The procedure laid down under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society.
82. Every Member shall pay the for parking charges for the number of slots allotted to him / her 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 vehicle or not.
83. 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.
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T. Kalaiselvan, Advocate
(Expert) 25 December 2015
Hope the distinct explanation given by expert Mr. Kishore Mehta answers your query in full.
PRAFUL
(Querist) 01 January 2016
Dear All,
Thanks for kind supports, Wishing you a Very Happy New Year 2016.
I will keep posting all real quarries for your advice and will try to take this suggestions and advice to be applied in our CHS .
Thanking you all in advance
Praful jain
PRAFUL
(Querist) 01 January 2016
Dear Sir,
can Chairman and all other MC members can take positions in Mc for 4t or 5th time in consecutively in Housing Society . This is without any breaks in between for last 12 years ?
V R SHROFF
(Expert) 01 January 2016
Very well explained by Shri Mehta with full details.
