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satish barve (ASSISTANT MANAGER-LEGAL)     03 December 2011

Parking proble in co-op.society

I am living in a Co-operative Society in Mumbai on Leave and Licence Basis  and its Agreement is registered with Sub-Registrar's office Bandra, Mumbai.  I own a Two wheeler  which I am parking in the Society's open place like other members of the Society.  At present Society is not  charging any fees for the same from Members and No Members. 

In view of increase in number of vehicles, recently Society has issued one circular dt.01.12.11  informing its decision to   charge  Rs.50/- for Two Wheelers and Rs.250/- for Four Wheelers for  Members of the Society for parking their Four Wheelers and Two Wheelers in the Society's compound w.e.f 01.01.12.  But the same Circular debbars Non Member( who are staying on leave and licence basis)  from parking their vehicles( both two wheelers and four wheelers) inside the compound of the Society.  This will cause danger to my vehicles if i have to park it on the Roads.

There is sufficient open place available in the Society  for parking. Like other members I am ready to pay parking charges for my two wheelers ( even double the charges  i.e. Rs.100/- p.m.)

Can Society  differentiate between Members and Non Members with regards to Parking of Vehicles  ?  If so under what circumstances ?  If bye Laws doesnot differentiate between Members and Non Members , can Society still go ahead with its decision of not allowing me to park my two wheeler in side the Society ?

I am a worried person now  as I have bought it from my penny savings.I request Experts on the subject to guide me  to resolve this issue.

 

Satish B Barve

 

 



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 1 Replies

pervez (adviser)     03 December 2011

Dear, If the bye-laws do not prohibit letting / sub-letting, the other rights as regards parking and payment thereof shall remain the same... You may take up the matter with the owner of the flat who in turn will take necessary steps.. You being non member can not represent, unless rights [ limited] are reserved in bye-laws....

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