Legal rights for parking charges in society
Prashant
(Querist) 05 October 2019
This query is : Resolved
Hi,
Our society is registered society & I am one of the flat owner in society.
Society committee members have decided parking charges of Rs. 300 per month for each car (of flat owner & tennant) which is parked in open space of society (not in allocated/ reserved parking).
However there are couple of points which are not clear, which I would like to know from legal expert.
1) Builder has not made conveyance deed till date & as a result of which land is also not yet transfer to society, so does society /committee members have any right to demand for parking charges from flat owner or tennant ?
2) Second point is society demands parking charges tobe paid in advance (atleast for 6 months) within 2 months from financial year, if failed to pay within time period impose interest rate of 21% .
Is this at all legal ? Does society has any right to do so ?
3) Even though society is charging parking charges but does not provide any provision of marking to park car neither society has provided any space for visitors parking which results difficulty in parking vehicle due to outsider's vehicles. What law states in this regards ?
Dr J C Vashista
(Expert) 06 October 2019
Whether the Society is Coopertive Society or RWA of flats?
Whetehr the Society is governed by concerned State Cooperative Act/Rules and Bye-Laws adopted/approved or Memorendum &Articles of association registered under the provisions of Societies Registration Act, 1860?
Where (State) is the Society/property located as state law slighly differ in such problem(s).
What is the role of builder in a Society, be clear?
Certain complex issues are involved in your statement/post.
It is better to consult a local prudent lawyer with relevant documents/facts for appreciation, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me with relevant records (on appointment) at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com
P. Venu
(Expert) 06 October 2019
Does the bye-law authorise the Committee to take such a decisions imposing the liability upon the members? It is better that a General Body is requisitioned and matters discussed there.
