Legal Support
The society in which I am staying is charging Car Parking Charges from only those members who have not purchase car parking area from builder and are parking car in open parking area. There are no car parking charges levied on the members who have purchase the car parking area from builder. The argument is the members have paid lacs of rupees to purchase car parking from the builder and hence there should not be car parking charges from them. This is not correct in my opinion. There are monthly expenses on car parking area for example property tax, electricity charges, water charges, sweeper charges, etc which is paid from the common society bank account in which all members pay their maintenance bills equally (per square feet) irrespective of whether he owns the car parking space from builder or not
Conversation of Legal Support
Adviser: I tend to agree with your argument which is correct. You may ask the society to provide the "sale agreement" for those car parking purchased by the members. I am sure they will not be having instead they must have been given an allotment... The parking charges may be different from the one who have so called purchased v/s the one parking in open but there is always a maintenance cost like what you have mentioned above.
Advisee: The society secretary has in the General Body meeting got through majority approved that the charges for stilt parking is NIL. Now he is arguing that whatever is passed in GB is final and everybody has to abide. I had counter argued that in the GB the majority voting works provided it is supported by provisions of law / society bye laws. The decision in the GB is biased and hence not acceptable. What is the further course of action I should take. Will the registrar help in this matter. our building address is Marol, Andheri East and falls in K/E municipal ward Please help
Adviser: Well if the General body has approved the same with majority than you will have to follow the same at least for 6 months. You may raise this in the next meeting and see if You can get majority member in your favour
Advisee: This is where I have slight disconnect. Can any resolutions be passed in the General body meeting which is not in line with the provisions of law / society bye-laws. For eg : Can society by majority pass resolution in the General Body that the refugee area can be used for any social gatherings ? The society bye-laws clearly says that all members have to pay car parking charges and hence if there is a decision on not to charge car parking charges from some members who have purchased car parking from the builder then it is a clear violation of bye-laws. Can you please help on my argument to above that merely passing anything by way of majority in the general body is not acceptable. It has to be under the provisions of law / society bye-laws, else it is not acceptable
Adviser: Agree and the AGM cannot pass a resolution which in contravention of the bye-laws and or provisions of any applicable law. Assuming if they do so and any member challenges, it will not hold good in court of law. With regard to the parking charges, the bye-laws says that the Committee can fix the charges as may be decided in the AGM. There is no mention about the minimum or maximum charges. So in the present case the AGM has decided not to charge for the stilt parking.
