Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sachin Gulyani (Student)     28 January 2017

Parking charge with no parking space

I live in a cooperative housing society ltd with 30 bungalows built in the year 1985.

 

There is a common plot in the society and in latest tp scheme by Municipal Corporation, that common plot is reflected as municipal play garden.  Now this space is inside our society.

 

All of sudden, society started charging parking fees of 200 rs/ car.  

 

Now my question is as that common plot is reflected as the play garden by municipal authorities, can they charge parking charges?.  They do not allow us to park our car near our house.  We can park only in that common plot.

 

How can they charge the parking fees if they do not own that parking area?

In addition to this, please also inform me that is it possible to leave the membership from the society but continue to stay in the house.  I mean, I dont want to become the member of the society.  I want my house to be the separate entity. 



Learning

 2 Replies

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

If the said plot area is a common area reserved for parking and owned by the society, then the society may charge for parking by passing a resolution in the society meeting and show the charges as maintenance.

But the propety doesnot belong to the society and if it has already been handed over the Corporation under any reservaion, then the society doesnot have any authority to use for it's own purpose or to charge anything for the use of the same.

 

Adv. Yogen Kakade

Jurycon Incorporation

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

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 September 2017

1.  Society can charge "parking charges" ONLY "IF" the  parking plot is reflected in its Balance sheet, else it is illegal and extortion.

 

2.  IF you are a owner of the bungalow plot (on document) THEN you can safely resign from the membership of the said Society and CONTINUE will all the priveliges available on your plot of land, without any reference to the Society.

 

Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com


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