In almost every, society the maximum number of fights are over car parking and over charges for car parking.
Builders can’t sell still & Open Parking
The High Court says that building and premises belong to the societies. The builder can’t sell open spaces or space within stilts for parking. Even if the residents have given an undertaking giving up their claim to open spaces, it cannot be held as binding. The area within stilts, even if enclosed, will be considered as open space as the builder is not paying any separate property tax over it. (An appeal is filed against this Judgment)
Where any stilts have been built or where open space in the society’s compound is available for the parking of cars or any other vehicles, the society should allot the stilts or the open space in such a way that no inconvenience would be caused to any of the members of the society. It is the duty of the committee to observe that the space is used by the members for the purpose for which it is allotted to them.
The entire parking space belongs to the society and the society will have the right of allotment of these spaces. A member has no “transferable” interest but only a “restricted” interest in the parking space allotted to him.
The society has a right to take back the parking space from a member and a member cannot establish his permanent right once the space is allotted to him.
A member who owns a car or is given one by his employer, firm or company is allotted on stilt or parking space. As per Bye-law No. 81, a member may become eligible for second/third stilt/parking space remaining unallotted for want of applicants for the same.
Further, as per Bye-law No. 82, in case the members of vehicles of eligible members are in excess of the available parking space/stilts, the managing committee shall allot such parking space/stilts by “lot” on a yearly basis.
A member has a right to park any number of cars in a closed garage. As such the society cannot recover higher charges from the member by writing to him that more than one car has been parked in his closed garage.
A garage can be used only for parking a car or other vehicles like a bicycle, motorcycle, tempo etc. and it cannot be used as a godown to store various items. If a society raises an objection, that objection will be considered valid and legal. If the member is adamant about using the garage as a godown, the society can take steps against that member and prevent him from using it as a godown.
If the owner of the garage makes an application to the society requesting that he should be allowed to open a shop, or an office or a dispensary then the society may give thought to such an application and if the member secures permission from the Municipal Cooperation / local body then the society may allow such garage to be used for business purposes. But it should be remembered that by giving such permission if the ratable value of the society goes up, the additional amount which a society has to bear can be recovered from the garage owner.
A society has full right to give shares to garage owners and the garage owner may also participate in the discussion by attending the meetings. Not only that, he may also vote at the annual general meeting or at the special general meeting.
As per Bye-law No. 84, every member who has been allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the general body of the society at its meeting irrespective of whether he actually parks his motor vehicle or not. Where a member has been allotted more than on stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space.
The charges for parking space should be reasonable and not extraordinarily high. It should be remembered that a society has a right to hike these charges from time to time. Such an increase can be brought by passing the relevant resolution at the General Body Meeting.
The society can also recover parking charges from a guest for parking his car in the compound and it has full authority to do so.