Neilesh (Owner) 13 June 2013

Parking

I have taken a flat at Andheri W Mumbai on leave license basis since last 8 months. I didn't have a car when I rented the flat. but in April I purchased a new car, Now the society is taking objection in allowing my car to be parked in the open & unused space in the society with the reason that they have passed a resolution about a year back that no parking will be allowed to any one occupying the flat on leave license basis. I feel that this is unfair on the part of the society not to allow parking even when there is ample open space available. Please guide as to what does the byelaws of the CHS in Mumbai city stats in this matter.

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8 Replies

Hemang (Advocate) 13 June 2013

A common facility can not be denied. Ask your landlord to peep into the matter, or else file a complaint before the judicial magistrate, first Class under the Maharashtra Ownership of Flats Act, or challenge the resolution before the Registrar, Co-operative Society.

Neilesh (Owner) 13 June 2013

Thanks A Lot for your prompt reply. Could you also guide as to the parking charges to be payeble by tenant? Can Society descriminate between Tenant & Member regarding the parking charges to be paid & charge higher amount to Tenant compare to the same to Member?

upendra Singh Chandrawat (Advocate) 13 June 2013

Agree with Mr. Hemang suggestions.

Neilesh (Owner) 14 June 2013

Thanks a Lot for your agreeing in the Issue..

Vinod Patel (Manager) 14 June 2013

I am also facing the same discrimination issue. Housing society is charging double the parking charges from me as a tenant then the amount charged to owner who is leaving in the society. When the same was protested by me, Housing society has said that this is as per Act and same is passed as resolution in society general meetings.

Request your guidance if these is legally ok and if not then where to complain such irregularities.

Neilesh (Owner) 14 June 2013

Mr. Vinod Patel, for your reference you can refer to this link https://www.lawyersclubindia.com/experts/Parking-rules-for-tenants-cars-in-co-op-hsg-socieites-322396.asp#.UbqBiqKQZll ...it has the same issue as yours.

Vinod Patel (Manager) 14 June 2013

Thanks Mr. Neilesh for your assistance!

I had gone through the content of the link provided by you. I understood that the content is more linked to the allotted parking space.

However would like to have your view if building parking has the common parking and the same is not on allotment basis to any of the member. Parking is on first cum first occupy basis. Also apart from this society has ample parking space and there is no question of shortage of space for building. In such scenario also (for common parking), does law permits housing society to charge double parking charges from the tenants?

Neilesh (Owner) 14 June 2013

Mr. Vinod Patel..if you read carefully..it says simply that no discrimination should be done between members & tenants no matter what. so no society can charge tenant more than it is charging to member.