Ashita Kohli
14 November 2013 at 17:14
My building is located at Malad-w. Its a 26 storey building with 146 flats. As per the provision rule 36 of the Development Control Regulation of Greater Bombay 1991, promotor should provide 77 parking slots + 10% as guest parking slots making the total parking to be 85 only. The same had to be provided by Builder to the members free of cost. BUT the promotor has sold not only 85 parking but also sold extra 36 parking slots. As per Supreme Courts judgement dated 31-8-2010, builder has no right to.sell.the.parking slots. As such all the parking sold by the builder is illegal. SOCIETY has filed a case against the builder for various commitment breaches, it also.includes compensation @ 3,00,000 per parking for all 121 parking slots. Currently most owner's have bought parking from the builder and Society is charging Rs.1500 for 4 wheeler and Rs. 200 for 2 wheeler as rent. Incase of guest parking it's free during the day and incase the vehicle is parked for overnight the Rs. 100/- is charged. This is also applicable incase owner who has not bought parking / rented parks a car overnight. The house is in the name of my father-in-law and my husband. My father-in-law does not reside here and we do not own a vehicle hence we haven't bought parking and nor we are renting one. My father-in-law has a 4 wheeler and had to park his car overnight as he was unwell and had to stay overnight.
MY Question is that can a society pass such rules in AGM's that are not in the favour of their members. JUST tomake more money.
?Secondly, can the society charge such huge rent just for parking..even in high societies like Bandra, car rent is not more than 100 to 200. Jus because most people have purchased parking and few have not they should be charged high to.make earnings.
Please advise on how do I take this forward and incase I.need to approach the registrars office. What should be the ideal rate that society can charge? What should be the limit and also clarify the validity of overnight parking charges.
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leakage my flat (bathroom ) damaging ceiling of below flat
Dear Sir/Madam,
I own a flat on the 26th floor and have received a complaint from the flat below me that they are facing leakage problem from my flat and that thier ceiling in the master bedroom is getting damanged rapidly. We have an attached Master bathroom in the bedroom.
The building has got its OC in April 2007. On of my well wishers had once suggested that as per ByeLaws, incase a building has not completed 8 years from the date of its OC and there are any leakages observded from the flooring then I will not have to bear the cost of repairs provided the flooring work is not done i.e. its the same as provided by the builder. The work can be done on mutual understanding betweeen me and below flat owner by splitting 50% cost.
Need to know how true it is or any other solution to it. That is how do i respond to the society and what should be the work around.
Second thing is that society is harrassing us for a leakage from the kitchen Nani trap. Way back in Sep 2012 the issue was raised by them and repairs were done by us from the plumber provided by building. Cost of repairs was borne by us. Again after a year they are complaining about leakage. We havent received any complaint from the flat below with regards to this however society keeps complaining that 18th floor is complaining about it. Now my question is that incase there is a leakage from my flat then below flat should be the most affected i,e, 25th floor and not directly the 18th floor.
Need to know that how are leagakes from Nani trap detected and who should carry out the repairs.