Upgrad LLM

parking space inadequate

Territory Head

Dear Sir,

Firstly my Sincere thanks to Mr Mehta/Mr Sanjay for regularly helping & guiding general public with such a common forum against various rules & regulations available to safeguard interest of a Member giving peace of mind.

Sir,

I have been a member of one of the society which is formed in year  1982 wherin i had purchased flat in 2006. It has adopted Model by laws around 3 to 4 years back. However 3 year back they came out with a circular to allot parking to all the members on first-cum-first basis since parking space was limited. Please note their are approx 20 Parking in Front and 15 Parking at backyard available in the society. Since I was aware of the Fact that their are numerous issues w.r.t. parking, i immediately responded to the circular and had made         Rs. 50000 Collected as Parking deposit to get Parking in the Front for Maruti 800 Similarly Rs 25000 was collected from member who had applied Parking at backyard.

Please note the below mentioned elements till date that happened to me inspite of being the member:

1) After Paying Parking Deposit, the managing committee straight away Marked Parking space and had put Flat number on the wall.

2) I had been alloted a parking space between 2 vehicles and due to inadequate space( 2 Meters X  4 meters) it was not possible to either remove or park vehicle in the alloted space highlighting this fact on allotment i did not sign the final allotment circular sent by the society and neither the allotment was through lottery/calling a meet/informing general members before alloting the same.

3) I am contineously following on this issue from last 3 years for changing or increasing the space but the same is not even considered and inspite of giving 5 to 6 written request the same is not at all considered. The same is not taken seriously in any AGM and is just pushed on one another on making personal request.

4) It was decided that flats on rent would not get the parking but unfortunately members who have 2 to 3 flats are using 1 Parking per Flat although the 2nd or 3rd flat is rented and have taken much bigger spaces & Prime Parking spots during allotment itself.

5) Currently cars have increase in the society and they keep on shifting the date for fresh allotment from 1 year to 3 years to 5 years.

6) This situation became worst when I had changed by car and bought bigger car i.e. Maruti Ertiga where the same could have been parked only when either the car in front or back can be removed. however was managing to park or remove my vehicle from last 1 year only when either vehicle in front or back is removed which recently was denied on 1 particular day and i could not remove my vehicle.

7) Secondly society is allowing a vehicle to be parked in the space which should be kept for Fire brigade as per fire rules only on personal relation with the owner of the vehicle & have not kept even a single space for visitors vehicle as no slots are available.

8) One of the available slot was recently given to another member by claiming that he 

8) Currently vehicles are increase wherein other members are asking for Parking which society is denying and simply avoiding fresh allotment/lottery due to personal interest of some old member as the same would have risk of loosing the parking slot alloted to them.

9) To avoid any sort of muscle power/conflict or inconvenience i have simply parked by vehicle outside the society on the road.

Sir, I am consfused as to what should be stand and way forward in such a matter. Request your help & guidence.

 

Reg

Mukesh 

 
Reply   
 
Scientist/Engineer

It is necessary to know in which State you are. As you are talking about Model Bye-laws I presume that you are in Maharashtra. You are saying many things and it is difficult to figure out the real situation. In General the rules for the allotment of parking lots are like this.

1. No deposits can be collected by the Society for the allotment of parking lots.

2. Parking lots should be clearly marked by the Society.

3. If applications for allotment of parking lots come one after the other over a period of time then parking lots are to be allotted on a first come first served basis.

4. If parking applications come in such a way that it is not possible to decide who applied first and who applied later then the allotment has to be made by drawing of lots. In such a case the Model Bye-laws say that the winner can hold to lot only for one year at a time.

5. There is no provision in the Model Bye-laws to classify parking lots as premium parking lots and ordinary parking lots. If such classifications are made it will complicate the whole issue. If such classifications are unavoidable luck should be the criterion for allotment.

6. It would be involving to draw up a scheme fair to all in your Society. But certain norms can be fixed.

(i) One member shall be entitled only to one parking lot irrespective of the number of flats he owns. Just as it is one member one vote it should be one member one parking lot.

(ii) No deposit shall be collected from any of the allot tees. All deposits collected should be refunded.

(iii) If a flat is joint;y owned by more than one member then also both together shall be eligible for only one parking lot.

(iv) If a member himself is not staying in his flat and has leased it out, the sub-tenant can be allotted parking lot only after the requirement of resident members are satisfied. Such allotment shall be deemed to be an allotment to the respective Society member and all restriction for allotment to the Society member shall apply.

You can make a complaint to the Deputy Registrar of Co-operative Societies. But it is doubtful that it will yield results. You will have to file a case against the Society in the Co-operative court engaging a capable lawyer.  You should request the court for immediate cancellation of all allotments and drawing up of a fresh scheme which is fair to all.

 
Reply   
 


Territory Head

Dear Sir,

Thanks for the revert...

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.

2) My basic concern is, weather their 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.

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.

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. 

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.

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.

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.

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.

Reg

Mukesh

 
Reply   
 
Scientist/Engineer

 

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.

 
 

 

 

 
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