Stilt parking

sachendra (Querist) 18 September 2014 This query is : Resolved
I am a member of a co-operative housing society in Mumbai since 2003. At that time , the Chief promoter had allotted stilt parkings to some members on payment . These members now claim that as they have purchased the stilts from the chief promoter/builder,they have every right to park any vehicle and any number or type of vehicles in the stilt . Some are parking their scooters instead of cars just to hold their right over the stilts. The Managing Committee desired to issue stickers to car owners to stop the entry of unauthorized vehicles but these members , who are in a majority , protested against the use of stickers . So the proposal was dropped. I would like to know your opinion on this issue.

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Dr J C Vashista (Expert) 18 September 2014
@ Author,
1. Has the promoter filed requisite declaration for handing over maintenance to the members of CHS?
2. What is there in the Bye--Laws adopted by CHS regarding parking?
3. If some members have purchased parking slot from builder the particular area forms as "RESERVED" which cannot be encroached and it is part of their individual property and not common area.
4. The issue and use of stickers is altogather a different question, donot mix up.
5. Show the documents to some local lawyer for further clarification, opinion and advise, which has been formed on the basis of information provided by the author.

Rajendra K Goyal (Expert) 18 September 2014
The byelaws of the society and relative documents have o be referred, consult a local lawyer.

ajay sethi (Expert) 18 September 2014
builder has no powers to sell car parking slots . stilt parking forms part of common areas . society can allot the car parking slots to members by drawing of lots