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Vinod Patel (Manager)     02 December 2013

Two wheeler parking charges for tenant

I am staying in a society on leave and license basis in Navi Mumbai. Society has open space parking within the compound. Parking space is common to all and is not allotted to any members. I owned a two wheeler and use to park in this open/common parking space. Recently Society General Body has passed resolution for parking charges on two wheeler from owner as Rs.150/- and for non-members and tenants as 300/-. Society is already charging higher maintenance charges under heading of non-occupancy charges. Is it legal for society to charge higher two wheeler parking charges from Tenants then members? If not legal request your help in which Bye law it has been defined as equal parking charges for both members and tenants. Also request any court case example in this regard.



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 3 Replies

BAALASUBRAMANNYAMM (Advocate)     02 December 2013

The hike of  scooter parking charges is to be decided by the acceptance of the majority  members of the society. Even the tenants can also made objections against this hike,when the tenants are paying such maintenance charges to the society. So you  raise a  question and made objection about the hike of scooter parking charges.

Vinod Patel (Manager)     02 December 2013

Thanks for your replay. We had taken objection for the said discrimination in parking charges between owners and tenants. However society general body has said it is as per by law. I also checked with neighbouring society and they also have the same rule.

Question is not of Rs.150/- extra, it is  question of unfair discrimination in everything for tenants. We tenants has clearly told society general body we are ready to pay 300/-, however the same should be applicable for owners as well.

Can you help me out with bye law which mentions that parking charges should be same for owners and tenants or bye law which mentions society can charge higher parking charges from tenants. Result of any court case will also help in this regard.

Your help in this regard will be highly appreciated.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 October 2014

Non occupancy charges have nothing to do with parking charges. There are no laws for fixing parking charges. Nor is there any law which says that a non-member cannot be charged more than a member. You can go to court. The judge will decide based on what he "feels".

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