Dear Sir,
Background
We are a housing society (of 33 bunglows duplex/quadraplex combinations)) built in year 2006, in a Ahmedabad (Gujarat) municipal limits. Of all 33 members, builder has provided parking space to only 13 members in the society, within their boundary walls that falls on or adjacent to internal society road. Some members have raised their concerns on how builder has allotted adjacent land parking space to these 13 members, however this particlar concern we are raising separately with authorities. The challenge is that builder has not has not allotted/provisioned dedicated/sufficient parking to all members.
Inspite of dedicated parking space available, all 33 members including these 13 members (who have dedicated parking) want to park on the internal roads only.
Some members had two cars also. Although this was manageable till last year, however addition of new cars led to a conflicting situation on the available common parking space. This resulted in society meeting where three resolutions
- To have marked/labelled parking for as many cars possible and car to be parked in the marked parking space only
- Aleast one car parking (if possible) adjacent to respective bungalow to keep first car
- To keep 2nd car in available marked parking on first cum first basis
Above 3 resolution were passed with majority but multiple members silently opposing these 3 resolutions. Since then, members with two cars have increased and this has resulted in increased conflicts on who shall park where and the 3 resolutions have lost their relevance.
Current Challenge
To resolve the conflict, In a recent General meeting the society has passed following two RESOLUTION (with majority 24/33 members voting in favour, 3 member abstaining, 6 member OPPOSING/CONCERNS) that
- To recreate the marked/lablled parking space, ideally of the size of an SUV on the internal society road
- Everyone shall be ALLOTED one of these marked/labelled car parking in the common internal roads within society, adjacent to respective members bungalow (if possible)
- The second car has to be parked outside the society compound even if parking space is available
- Keep all the two wheelers inside the bunglow compound and NOT on internal road whatsoever
Also to acknowledge the fact that some of the OPPOSING member have also registered their opposition in writing in the resolution with the remark that they are signing due to all society members agreeing/pressuring but have concerns. They have expressed that this RESOLUTION is baised only towards the people who have dedicated parking space. This time an ALTERNATIVE views also has been given by few members to resolve this issue
- Convert the common society plot/garden area to parking OR
- Restrict total cars to 1 per bungalow irrespective of whether members have dedicated car parking OR
- Bungalows facing external roads directly cannot be provided parking space within society compound OR
- Any member may choose to break the respective bungalow compound wall to accomodate multiple cars (as many possible)
My QUERIES related to this recent RESOLUTON are:
- Does this RESOLUTION (internal society road be ALLOTTED as parking to members) is legally valid ?
- Can this ALLOTTMENT be challenged in court (as Civil/Criminal CASE ?) by LITIGANT (refer opposing members) post the RESOLUTION being passed ?
- Who is responsible if court rules against this kind of RESOLUTION (Only Chairman/Secretary/Treasurer or all members signing on the RESOLUTION) ?
- Who has to bear the claims/damages (if any) the LITIGANT has put up in the CASE (Only Chairman/Secretary/Treasurer or equally among all members signing on the RESOLUTION) ?
- Is any of the ALTERNATIVE views presentated above legally valid or basis for deciding parking solution ?
- What is the parking resolution addressing such conflicts in Bungalow society in Ahmedabad (Gujarat) ?
Requesting your expert and kind opinion for this resolution.
Thanking in advance
Sincerely
Society Chairman
