Parking issue

The objection of the Society members is not wrong. But on the other hand, if you have paid for some thing extra then you definitely have a right.

Therefore it all depends on what you have with you as right. If you are saying you have paid some thing extra for a particular area, then what were the rights that you have bought. The documents needs to be closely intrepreted to determine what use can you put the open area before coming to any conclusion.

Thanks for your guidance. There is nothing mentioned about the use if the open area space. Can i have the authority to use the open space of the society premises for parking as I had paid for the super built up?

Kindly reply

thanking you

1.  SUPER BUILT-UP  area  means the area inside the building, and will mean and include the walls, of the buildings, divider walls of the rooms, lobby space, staircase space, life room spaces, etc.... BUT definetly associated within & inside the walls (interior and exterior included) of the building.  The above is reflected in typical flat sale-purchase agreements, for which the builder makes you pay for and give you possession.

2.  Common open spaces, Terrace, Garden area, Parking area, Stilt area, Swimming pool area  etc...  are not within the parameter of  "Super Built-up" area.  These areas do not belong to the CHS members,  BUT on the contrary it belongs to the CHS and only the CHS (mg.committee)  is empowered to allow its personal usage to its members on payment of approved charges.  Third party are not permitted to use above the CHS area.

3.  CHS is a  "housing society" and does not include commercial society activities.   Common open spaces, Terrace, Garden area, Parking area, Stilt area, Swimming pool area  etc...  may be solely used by its  "RESIDENTIAL"  members  AND NOT by its Commercial members.

4.  Commercial vehicles is for Business usage by its members and not personal usage.  Hence CHS may deny facilities (not rights) to park any non-personal/private vehicles (i.e. commercial vehicles).  However, if there is ample open parking space in the CHS and if the General Body specially allows & approves, then a member may be allowed to park his commerical vehicle in the CHS compound, subject to appropriate parking charges and non-inconveienance to other members. 

Keep Smiling .... Hemant Agarwal