Parking deposit collect by society is legal

Sunita Pachpute (Querist) 25 March 2024 This query is : Resolved
Our society has collect parking amount form us and saying now it is non-refundable because building is going under redevelopment. Now we have to purchase new parking. IT has been also observed parking amount collected by us is transferred to secretary's own account. What can be done in this case to get refund back

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This discussion addresses the legality of housing societies collecting non-refundable parking deposits, especially when funds are allegedly transferred to personal accounts. While some apartment acts permit societies to set parking rules and fees decided in general body meetings, collecting money for parking spaces or transferring society funds to personal accounts is illegal. Members can complain to the Dy./Jt. Registrar of Cooperative Housing Societies or the police if funds are misappropriated.

kavksatyanarayana (Expert) 25 March 2024
Any amount paid by the owners to the society for any reason, it shall be deposited in an approved bank/post office and it cannot be transferred to the members of the governing body. Complain the same to the Dy./Jt. Registrar of Cooperative housing societies against the secretary.

T. Kalaiselvan, Advocate (Expert) 26 March 2024
If the secretary is reported to have misappropriated the association funds, as a member you can give a complaint to the president and also to police for such illegal activities and get him punshed as per law.

Advocate Bhartesh goyal (Expert) 27 March 2024
Neither the builder nor society can sell open or stilt parking space to any flat owner of apartment also can not collect any amount on account of parking space it is illegal. Lodge F.I.R against office bearer of society.

T. Kalaiselvan, Advocate (Expert) 30 March 2024
Various apartment acts (e.g. Maharashtra Ownership Flats Act, Delhi Apartment Ownership Act) allow MC to constitute their own parking rules including a parking fee which is decided in the General Body meeting, varies from types of vehicles, and is to be mandatorily paid by members.

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