Kiran Sangani (PARTNER) 10 November 2012

Fixed parking issue in housing society

We are staying in a building which has multiple wings with different co-operative housing societies. There is a similar building with multiple wings with different co-operative housing societies. There is a passageway between the two buildings which is used for parking for the members of the societies.

Now all these societies have come together and passed resolutions for parking space, whereby they have allotted fixed parking spaces to members on first come, first serve basis. The rest of the members who have cars, but not alloted parking space, have to wait till the time a flat with parking space allotted is sold and again the same is allotted on first come first serve basis.

Going by this logic, the rest of the members will have to wait for a lifetime to get an allotment.

Our family has been residing for past 72 years and till date we have no allotment, simply in a queue with other members.

My questions are :

1. Do all the societies have a right to form a consortium and form their bye laws?

2. It is still not clear whether the passageway between the two buildings is owned by the societies in common? Can this be gathered through the deemed conveyance? How does one get the same from the Society?

3. Where the number of cars is more then the area of parking space, can a resolution be passed to stake claim over fixed parking? Or can Section 82 of the MOFA act be applicable in this matter?

Reply Follow

2 Replies

Advocate Rohit (Advocate) 10 November 2012

since all the members in the co-op. hsg. society have an equal right. therefore, society cannot pass any such resolution on first come first serve basis. As it is not a business or trade. Society can use lottery system thereby every month on rotation basis member shall get the parking permission for parking their car.

Further, if there is shortage of car parking area, then the Society can write to the RTO for providing car parking space outside the building against a nominal fees or a monthly fee as applicable.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 23 October 2013

In which State is your building? Laws change from State to State.

In Maharashtra the position is like this with regard to Co-operative Housing Societies.

There are Model Bye-laws approved by the Registrar for Co-operation. About 20 years back the bye-laws allowed Societies to allot parking lots to members on a first-come-first-served basis. Later the model bye-laws were amended and it was decided that if there were more applicants than the number parking slots available, then it should be decided by taking lots on a year to year basis.

In an old building where only very few members or no member had car/s to begin with, people could have been allowed to park at any convenient place. In due course when more and more members bought cars and applied for parking slots,the available slots were progressively allotted. If and when a stage is reached when all the parking slots were occupied, no parking slot would be available for new applicants. In such a Society some people would have parking slots for historic reasons. If some members were enjoying parking space for years without any questioning and without any dispute, it will be unfair to dislodge them just because a new person has purchased a car. You say that you are residing in the building for 72 years. You also mean by this that others are late comers. If so why did you not apply for a car park earlier?

Allotment of parking space by taking lots and taking turns.

Nowadays builders construct buildings and sell the flats to purchasers. In many cases all the flats get sold even before construction is complete and parking lots could be identified. In such buildings it has to be assumed that all members have come at the same time and it will not be possible to apply the first-cum-first served formula. The practicable thing is such cases could only be to take lots. It may also be necessary to ensure that the lucky ones do not remain lucky for all time to come. Hence allotment by turn annually .

In any case just as one would like to be certain of one's dwelling and would not be deprived of it, it is only fair if one wants a place for his car also from where one would not be ejected.