Our complex is having 5 bldg. Each bldg is separate society and registered. Apex body is formed and still to be registered. It is ten years old complex and situated in thane west. Apex body is functioning for last ten years smoothly though registration of Apex body is initiated after approval of GB for the conveyance in favour of Apex body. Since there is a paucity of space in open area , Apex body felt that parking policy should be framed to manage and control the parking area effectively.
Total number of flats is 216. Out of total 216 flats 50 members are having stilt. Thus balance is 166 nos. As per our data collection around 70 members as on date not having four wheelers. Thus balance left is 96 nos.To-day residents are parking vehicles in the available space.
1. As on date there is no parking policy. Members/tenants used to park the vehicle in the available place. There is no parking charges levied.
2. In the GB it was decided to frame a parking policy to have disciplined parking and recover parking charges. Accordingly task force has been formed.
3. Task force has initiated the process and would like to suggest the following to Apex body -
a) Member will be eligible for one parking slot either in the stilt or Open area.
b) 2nd vehicle of the member will not be permitted inside the complex.
b) Tenant vehicle to be parked outside the complex. ( If GB approves whether Apex body can implement this. What is the legal view to avoid future dispute from the members.) Members may argue that since they are paying Non-occupancy charges tenants should be extended the same facility of member.
c) Initially members having one car and no stilt will be allowed to park inside the complex in the available space where parking lot is clearly marked.
d) If the number of vehicles exceeds more than 10 nos than the available slot - , Allotment of open space on lottery basis on yearly basis. A fresh data will be collected from the residents to ascertain the number of vehicles. This will be implemented subject to approval of GB.
e) Another option for every two flats one park slot will be allotted . Members have to adjust themselves. No disputes will be entertained. Subject to approval of GB.
4. Whether it is legal to adopt Parking policy even if Apex body is not registered as on date.
5. Some members feels that since they are owners of flat, society and Apex body is formed. Hence they are owners of Open area. They can't be forced to park their vehicle outside the complex. Please enlighten us legality position on this.
6. If the parking policy is accepted where to register this document and make it more legal and binding on the members.
7. Whether Penalty can be levied on the members/visitors if they flout the rules? Apex body can put the lock to the vehicle?
Your advise on the above issued at the earliest will be appreciated.
Regards
N.R.Chandran
