vijay (manager) 21 December 2012

Parking issue

I am a flat owner in a co op housing society.We have a common parking space.The parking space layout is made and spaces allocated to different owners. I purchased a car recently .when i requested my secretary for parking space he said that all parking space is exhausted and I have to park outside.He also mentioned that several other members wanted to buy a car but could not because of no parking space.So i parked my car outside on the road . Now one of the owners let out his flat to a tenant.The tenant now parks the car in the common parking space of the building and the secretary does not object. I went to the secretary and told him I am a flat owner and that you did not allow me to park my car in the building but allowed a tenant to park . For this he told me that teh new tenant is influential and is not ready to move his vehicle out. He said he is getting old and he will not be able to counter the new tenant. I felt the secretary 's answer very absurd and really don't know how to take on him.

Is there any law or rti act which gives me the preference for parking since i am the owner and he is the tenant.

any answers or guidance please

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3 Replies

Advocate Rohit (Advocate) 22 December 2012

if the memebr is not residing, then the society can allot the said car parking space to the other member who is in need. since the car parking is not an ownership of individual flat owner. thus, owner cannot sell or transfer the car parking in thrid party name.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

vijay (manager) 22 December 2012

Thanks.

The secretary has made a parking layout mentioning the flat nos in the layout and posted on the notice board.There is sufficient parking space in the society to accomodate a couple of more cars.But some members have objected to it.Thus any new car buyer has to either park the car outside or move from this society.

My questions are : 1) Is there any body that approves the layout

2) Is there any institution where this layout needs to be submitted

3) Can I get a copy of this layout through RTI or any other application

4) What is the validity of this layout. My society has fixed it for 2 years

5) Can I challenge the layout when my car can be accomodated

Now coming back to the tenants car that is parked, I have sent a letter to the secretary raising objection for parking of vehicle no (tenants car).I have also asked him to reply in a weeks time on details of the owner of the car.Incase he does not reply(which is most likely) should I send another letter to him saying that since the owner of the car is not verified I will complain to RTO authorities to tow the car present in my society.

Awaiting your guidance and reply.

regds,

vijay

vijay (manager) 22 December 2012

6) How do I verify that the flat owner to whom the space is allocated in the layout parks his own car and not allows someone else's car to be parked.Can i ask the secretary to mention the car owner and car no on the layout and verify the RC Book