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sharad (CMA)     03 September 2014

Car parking issue

This is regarding car parking in housing society having ample of open space. I am a Member of Society and I sublet my flat on rental basis and paying Non Occupancy Charges. I used to park my car in same society. Now in AGM, Society has passed the resolution that " Only Tenant can park his vehicle and not member / owner of the flat (as owner is not residing in flat). I have shown them the Society Bye Laws No. 78 to 85. But the MC is saying that Society has RIGHT to pass any resolution in AGM which requires no any Bye Law. Kindly guide me in this matter. 

 3 Replies

sripada VRS (LEGAL AND FINANCIAL ADVISOR)     03 September 2014

dear friend, pl. file case in consumer forum against the society.

1 Like

sharad (CMA)     04 September 2014

Sir, Thanks a Lot! I also have same thought. But I want to know whether Society has the power to pass such resolution in AGM  in respect  of members who are not residing in society & sublet their flats on rental basis and then also availing the facility of car parking. Whether Society can use any other bye law/Rule in support of their say or otherwise. It is very sure that the society has huge open space and many members are parking more than 2/3 vehicles. I have purchased this second flat considering this open space only and paid higher amount for purchasing the flat. Please convey your views.

T. Kalaiselvan, Advocate (Advocate)     07 September 2014

the society can take a decision about such issues after discussing the same in the AGM and a resolution passed to the effect as required by law.   However, if you feel that this resolution is against the law and natural justice you may oppose to it and if you have been objected to park your car citing the resolution, you may issue a legal notice to the Secretary stating that the resolution passed is illegal and not binding, if it fails to invoke proper response, you may approach the cooperative court or consumer court seeking relief.  Consult a local advocate and proceed further as per his advise.

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