yogi 28 January 2017

Co op housing society - parking ( mumbai )

We are NRI owner of one floor out of 7 story building ( ground floor commercial )

There are 7 open parking spots , so logically one parking for each floor as each floor is owned by same family

However society has denied us parking as I am NRI living abroad

5 out of 7 parking is occupied by office bearers and secretary is parking 2 vehicles

All of them parking for free since society registered in dec 2009 ( loss of revenue )

Hence I have been holding back my monthly maintenance for about 2 years now

Finally they have served me notice to clear arrears in 3 weeks otherwise subject to interest 21 %

What is my recourse ? how do I secure parking as I am unable to rent the flat ??

This flat was gifted to me in 2010 however society transferred in our name in 2015

So legally my responsibility only starts from 2015 ? or am I responsible for previous owner who has gifted the flat

Who is also family member but NRI

7 floors / 7 family

Out of these chair / sec and treasurer is only 3 members active and running the society

Lots of miscalculation in billing – specially property tax / keeps changing my dues

And recently they have informed me that one of the member has detected the mistake

Which amounts to 50000 Rs for my floor – I don’t know why such a hugh error ?

I have been requesting copies of board meetings, copies of communication between society and builder ,

Access to books of accounts, but they never replied and only interested in collecting the dues

Builder was given permission to add 3 more floors but he has put up 5

And now society has filed case in delhi consumer court for damages

Chair was instrumental in getting the builder this permission who has secured one flat

For his daughter / which is now 8th floor

Owner of 9th floor is investor / also has one commercial office on ground floor

Who owes over 10 lakh to society but society has accepted him as member for 9th floor

Without clearing his old dues – which is not normal !!

There are number of irregularities in the society / misuse of power

I will appreciate if you comments / guidance

Thanking you

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1 Replies

Adv. Yogen Kakade (+ 91 9225510883) 29 January 2017

If you are the owner of the flat in the said society and while purchasing the flat, a parking was alloted to you or if it is mentioned in your agreement, then you are entitled to get the parking and the society has no authority to oppose you.

If you think that the chairpersons of the society are working dishonestly, then ask for all the current and past accounts. You have every right to ask for the same as being the member. In case they ignore your request or deny to provide the accounts, then send a notice to the society.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883