LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

dhiraj   03 April 2018

Can society have different parking policy for owners and tenants for open parking space not owned by individual ?

My society (CHS) has recently passed new policy where tenants are not allowed to park their four wheeler in open parking space. This has been converted to policy after discussing during AGM. Since my owner stays in other city he is unable to attend AGM and could not check MOM letter sent to him due to some reason. My flat owner has submitted an objection letter but still I have been served notice to stop parking car within society premises. How legal is it to discriminate between owners and tenants ? And what all options do I have so that I can park my car within CHS parking space. Please advice. Also note the parking space of the society is common parking and not owned by any individual member.


Learning

 10 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 April 2018

Please state the State and city in which you are.

dhiraj   03 April 2018

I am from Maharashtra, Mumbai, ( Chembur )

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 April 2018

According to Model bye-laws prescribed by the Maharashtra Co-operative Department, if open spaces for parking are available, the Society can allot them to members who wish to park their cars. The fee for parking cars will be fixed by the General Body. If a member has leased out his flat to a tenant, it is within the powers of the Society not to allow parking of vehicles by such non-member tenants or to allow them to park by paying a higher fees. The co-operative movement is essentially a consumer movement. A number of persons who want accommodation for themselves come together own/construct a building and stay there. Flats are essentially for own accommodation though they are permitted to be leased out to non-members. Every member gives a declaration to Society that the flat is for his own residence. A Society can discriminate between a member and a non-member. In fact the law allows levy of a charge called non-occupancy charge from members who have leased out their flats to non-members. If a member has got any grievance, he can complain to the Registrar or to the Co-operative court. A non-member tenant cannot do that. I also reside in a co-operative housing society in Mumbai. In our Society also non-member tenants pay a higher parking fees. You can ask your flat owner to get a copy of the byelaws from the society and read that.

dhiraj   04 April 2018

But is this information not correct ?  :

Development Control Rules, framed under the Maharashtra Regional and Town Planning (MRTP) Act, 1966, state that a tenant cannot be denied parking. A recent Supreme Court ruling also stated that a car parking space allotted to the owner, can be used by the tenant, as he has full rights over it. Amit Wadhwani, director of Sai Estate Consultants, elaborates: “As per the co-operative societies act, only members can occupy and use parking space. In case of excess parking, the committee is free to allot the space to a resident on payment. The charge is to be fixed by the general body and is binding on the residents. A society should not and cannot discriminate, as the parking rules are governed by the Developmental Control Rules and Fire Acts and if the owner is eligible, then, the tenant should also get the benefit.”

 

Source:   https://housing.com/news/tenants-entitled-parking-space-chs/

Dhananjay Surve   04 April 2018

i have one query, is their any legal rule or act for making shade for open parking in society?

Dhananjay Surve   04 April 2018

I am from Pune.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 April 2018

 

Development Control Rules do not say that tenants cannot be denied parking.  DCR says that a certain number of parking lots have to be provided. That is all. Kindly attach Supreme Court judgment which, as claimed here, says that parking lot allotted to the owner can be used by the tenant. DCR does not say anything like “if the owner is eligible, then, the tenant should also get the benefit.

The website sighted gives the personal opinions of several “prominent” persons. It doesn’t quote any law or judgment.

DCRs are intended to prevent congestion on road. It says that a certain number of parking lots have to be provided based on the number and sizes of flats in the building. The number of parking lots can be less than the number of flats, especially smaller flats.

If a tenant wants to park his car and a parking lot is available he cannot be denied parking. But there is no law or judgment which says that a higher amount cannot be collected from a tenant than from a regular member.

DCR does not say anything like “if the owner is eligible, then, the tenant should also get the benefit.

The website sighted gives the personal opinions of several “prominent” persons. It doesn’t quote any law or judgment.

DCRs are intended to prevent congestion on road. It says that a certain number of parking lots have to be provided based on the number and sizes of flats in the building. The number of parking lots can be less than the number of flats, especially smaller flats.

If a tenant wants to park his car and a parking lot is available he cannot be denied parking. But there is no law or judgment which says that a higher amount cannot be collected from a tenant than from a regular membe

Yusuf Rampurawala   05 April 2018

If the owner has given his flat on leave and license basis to a licensee, then the licensee should be allowed to park his car in the parking area instead of the owner. Yes if the situation was such that both owner and tenant are parking their cars, then that should not be allowed. In this case if the owner is not parking his car then his licensee or tenant should be allowed to use the car park space allotted to the owner. The owner member pays maintenance to society which includes for purposes like maintaining the common areas like parking. So the society's action is not justified and can be legally challenged.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 April 2018

There is presumption in the statement of Mr. Yusuf Rampurawala, that the flat owner, owns the parking lot also. If so when the owner gives his flat on lease, he can give the parking lot also to his tenant. But in most cases flats are owned by individuals and the parking lot belong to the society. If the applicants for parking lots are more than the number of parking lots available then the Society will have to decide, whom to give and whom not to give. Byelaws provide for allotment of parking lots on an yearly rotation basis. It doesn't appear to me to be a sound proposition.If a member himself does not stay in abuilding and if there are more applicants than available parking lots, the lots should first be alloted to members and only if still vacancy is available the application of a tenant can be considered. If there are surplus parking lots, they can be alloted to tenants also. A member should always have a first right of refusal over tenant of a member.  

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 April 2018

Nahalchand Laloochand Pvt. Ltd. V Panchali Co-operative Housing society Ltd (AIR 2010 SC 3607)" I

The above judgment is not relevant to the issues debated here. The judgment has been mis-quoted by several lawyers to the extent of coming to conclusions, which the Learned judges would never have thought of.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query