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nramachandran   31 December 2014

Vehicular parking in hsg society

Dear Sirs

In my earlier request I have given the points in detail. For quick reference and to get the opinion I am giving below the points for clarification-

1. Our complex in Thane is 10 years old. Apex body is formed 10 years ago but still not registered. The process has started. What is the legal position of Apex body if GB approves the Vehicular Parking policy.

2. What is the legal position of Tenant in a society? If Tenant is denied parking vehicle inside the society (open area in view of space constraint) and approved by GB.

3. Some members feel that since they are owners of flat, they are owners of Open area in the complex. They will not abide by the GB resolution and they will still park the vehicle inside. What legal action can be taken against them. However we will be formulating certain guidelines which will be approved in the GB.

GUIDELINES:

1. One parking in open area for every member either stilt or Open area.

2. If parking slot is sufficient then allotment of parking lots on Lot basis. This will be done every year.

4. Whether the parking policy approved in the GB can be registered with the Registrar and give a copy to Police authorities . This is to take abundant precaution and take action against the member who flout the rules.

 

Regards

 

R.N.SWAMY



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 January 2015

The bye laws and resolutions can be made by a registered association only. Hence getting your association registered is important after which the decisions taken in the GB meetings will be binding on all the members.  If any member is violating or not obeying the decision of the association, proper action as envisaged in the bye laws can be initiated.


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