1) I Stay in Navi Mumbai(Maharashtra) and hence my society has adopted model by-laws. Secondly have understood that parking deposit cannot be collected.
No! no parking deposit can be collected.
2) My basic concern is, weather there is any provision in the law w.r.t Marking of Parking lots i.e. Approx measurement of the Space as in my case the space is inadequate wherein current vehicle cannot be parked since the space is provided inbetween two vehicles wherin by car cannot be removed/parked without removing the 1st or the 3rd Car. Since its causing inconvenience to both members they are denying to give keys of their cars for the same wherin i am helpless and society too is not responding.
Generally it is implied that parking lots should be marked. But as you know motor cars come in different sizes. Hence it may be difficult to fix standard dimensions to a parking lot. According to me in your case only 2 cars should have been allowed. Applying the first come first served principle the application of last among you three should be cancelled.
3) Is it Mandatory to have a Approved parking Layout Plan (LOP) for every society as per current DC rules. What should a society do in case they do not have a LOP as the same was not applicable in 1982.
No Rule or Law speaks about any mandatory “Approved parking lot plan” These things have to be decided based on the ground situation in an amicable manner fair to all.
4) Shall a resolution passed by the Managing Committee comply with all the rules and regulations specified in model by laws/DC rules etc although model by laws were adopted 1 year after the Parking allotment.
I do not understand the question. Model Byelaws are to be adopted by the General Body Meeting and not by the Managing Committee. When the Society makes application to the Registrar of Co-operative Societies a copy of the proposed bye-laws have also to be submitted to the Registrar. On registration of the Society those will be the approved byelaws of the Society. If any other bye-laws are to be subsequently adopted that would amount to amendment and the law for such amendment has to be followed. After the original registration or amendment of the bye-laws no Managing Committee resolutions are necessary. It will be the responsibility of the Managing Committee to demarcate the parking lots and allot the parking lots in accordance with the bye-laws.
If parking lots had been allotted before registration of the Society, the Managing Committee should make a proposal as to what to do with such allotments and place it before the General Body Meeting. The Meeting may approve the proposal with or without amendments or reject the proposal.
5) Secondly in case the Number of Cars are more than available Slots then is it mandatory to have Draws every year or its on the Managing Comittee to frame their own rules since their is personal objective of certain committee members not to prefer draws as the same would have risk of loosing a good parking space they have taken in the beginning. Hence from last 3 years their have been no draws.
If the number of cars applying for parking are more than the available lots then the Model Byelaws stipulate annual allotment by drawing of lots.
6) Can a Member who have rented out flat and stays in the next society can still continue with the parking space alloted initially although current members staying in society do not have adequate parking slots.
The priorities with regard to entitlement of parking lots shall be as follows:
(i) At first one member one car. If a member owns more than one flat he shall be entitled to one parking lot only. If flats are owned by different family members a member shall be entitled to a parking lot for a car registered in his/her name only.
(ii) Members residing in their own flats in the Society will have first preference over members not residing in the Society. Sub-tenants shall have only a lower priority over members.
7) If 1 Flat is on Husbands Name, another on Husband & Wife's Name and 3rd on childrens name and the entire family stays in 1 flat and have rented out other 2 flats, then can he claim 3 parkings although society has not alloted any parking to tennants due to inadequate lots for members itself.
In the above specific case they shall be entitled to pne parking lot with respect to the flat in which they are residing. It shall be in the name of member who is the flat owner. As far as other rented out flats what is stated under 6(ii) shall apply.
I hope i could explain my concerns and would like to have a fair idea on the prevailing rules/practises adopted by society which is causing trouble in a repeated manner.
I hope all your points have been cleared. If necessary, the Managing Committee should cancel all the allotments and re-allot the parking lots according to the above norms or you should approach court for the purpose. Nowadays in Mumbai consumer courts are entertaining complaints from Society members. if so it will be faster. You can try.