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Kampani   15 May 2021

Can a member hire garage for parking from a member?

Case Study - Seek your expert Opinions:

 

Two members are staying in the same building. Let’s call them A & B

 

A neighbour decided to go out of India for a Year. Two neighbours (A&B) and friends decide get into agreement…

 

While going out of India A decided to give her the Garage on a rent for a year to her neighbour B.

 

Their arrangement was - A neighbour says -look after my garage, keep it clean in her absence in return neighbour B could park their second car which all this while was parked outside .

 

Accordingly, Neighbour A wrote a letter informing the secretary of the Society that she had left her garage in custody of neighbour B.

 

Neighbour continues to pay the maintenance charges & municipal property for the garage to the society directly.

 

Society says that Neighbour A cannot give her garage in the first place and if so Neighbour B need to pay them garage hire charges of Rs 250/- per month

 

Neighbour B is already paying Neighbour A parking charges @ Rs. 2000/- per month

 

What’s your opinion on:

 

Can the society stop Neighbour B from parking car in neighbour A’s Garage with her permission paying her directly parking charges and she in turn paying the maintainance and property tax for flat & garage.

 

Does the society have the right to refuse or charge me parking charges when Neighbour B already paying Neighbour A monthly rental for the garage .

 

Does Neighbour A (the owner of garage) have no right to give her garage on hire.

 

When she has already given her flat too for Rent

Regards,

 

Kampani

 



Learning

 6 Replies

Sankaranarayanan (Advocate)     15 May 2021

Academic query 

Dr J C Vashista (Advocate)     15 May 2021

Seek guidance of your professor / guide / tutor.

Kampani   15 May 2021

Dear Dr. Vashista,

Can you please guide me?

Regards,

 

Kampani

 

 

Kishor Mehta (CEO)     15 May 2021

If you are in Maharashtra, a member of a CHS can not hire out an open or stilt parking space, allotted to him/her, to another member as it is allotted as per Maharashtra co-operative society rules. However if it is a totally closed GARAGE, then it can be hired out to another member of the same society, the society can ask for non-occupation charges @10% of the applicable maintenance charges.

Kampani   16 May 2021

Thank you, Mr. Mehta!

 

Truly appreciate your time and guidance.

 

Regards,

 

Kampani

Stay safe!

 

T. Kalaiselvan, Advocate (Advocate)     16 May 2021

According to RERA Act (2016), a covered garage space can be sold separately by the builder, however, open or stilt parking spaces are clearly defined as part of common amenities such as lobby, stairs, elevator, garden, etc. Therefore, it is illegal for a builder to charge a buyer for separate parking space. These become the property of the society as soon as it’s registered

Therefore if it is a garage then it is deemed that you have purchased the garage parking space.

It means you are the owner of the garage parking space, in that case you can rent it out to your neighbor or any other tenant for a reasonable rent as you would be renting out your apartment if you are not residing in the apartment.

The society do not have any rights over this garage in this situation except levying the non occupation charges as levied on the rented premises. 

The owner can take legal action against the society if society is trying to interfere into the rights of the owner. 

 


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