PARKING SPACE & CHARGES (Open, Stilt or Whatever)
1. WHO OWNS THE CHS PARKING SPACE ?
a) The CHS "Solely" owns the common spaces (Stilt, Open or whatever)
b) The members DO NOT own the common spaces (Stilt, Open or whatever)
c) Allotment of Parking space is a "Administrative function" and "ONLY & ONLY" the MC has jurisdiction & is empowered to allot the parking space allotment to its own Registered members
d) The GB is not empowered to decide or allot parking spaces.e) Registered members include family members and associate members
f) Parking is NOT a RIght of the member and at the most can be an extended humanitarian facility to the CHS members.
g) Tenant's are Nominal Members AND HAVE NO RIGHTS OF A REGULAR MEMBER, which includes having NO RIGHTS of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended humanitarian facility to the nominal members.
h) Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable, as upheld by the Supreme Court in the case of Nahalchand vs. Panchali CHS.
i) The Idiotic bye-law provision pertaining to Parking "RIGHTS" is a gross violation of the various BMC & Fire act rules and has got no force of law, in Court of Law.
2. CAN THE MC REFUSE TO ALLOT PARKING SPACES to its members ?
a) Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body (like BMC)
b) AND under the Development Control rules (DC rules)
c) AND under the Fire Act rules
d) The MC is bound to "NOT" violate the LOP & DC Rules & Fire Act rules, regarding the way common spaces are to be maintained.
e) IF the MC strictly goes, by all the Laws, then the MC may refuse parking spaces to ANY & ALL of its CHS members, due to the various parameters of various Laws.
3. WHAT IS THE TYPICAL PARKING CHARGES LEVIED BY CHS ?
a) Only the First Registered member / Associate member may attend GB meetings, Propose & Second the agenda resolutions, for the rules applicable to themselves.
b) The Nominal member CANNOT attend GB meetings or Propose or Second or Resolve or vote which includes Parking charges.
c) Parking charges may be determined amongst the GB members, directing the MC to implement the GB directions.
d) Parking "charges" are not equivalent to Parking "penalty" for violations of Parking spaces & usages.
e) Parking charges may be from 10/- to 10,000/- or anything per vehicle, per month, BUT as decided by the GB, BUT this is again applicable "ONLY" to Registered members including his family members and associate members.
f) Nominal member is not a Registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is alloted to a Registered members including his family members and associate members, since Parking space is not a right granted to the registered members.
4. WHAT IS A "PENALTY"
a) Penalty is a "Fine" for violations of the CHS rules & conditions "AND" resolutions passed in the GB directing the MC to implement the GB directions applicable to themselves.
b) Penalty amount may be Pre-fixed and decided by the GB.
c) However, by virtue of elections and the Indeminity Bond u/s 73, the MC has been granted discretionery powers to levy Penalty for "any other violations" by the CHS Members, Staff, etc.... Such Penalty amount can be spontaneoulsy decided & implemented by the MC without taking the GB approval.
d) In case of dispute of Penalty amount levied by the MC, the member may approach the local Ward Deputy Registrar of Coop, for redressal of his grievances.
5. RESPONSIBILITY OF PARKING SPACES.
a) The MC is responsible for the upkeep & safety of the Parking spaces and for the safety of the members Parked vehicles.
b) By law, the MC cannot say "Parking at owners risk". This is invalid under the Law.
c) The member who parks his vehicle with the permission of the MC and pays Parking charges, can file Civil Cases, Criminal Cases and Consumer Court cases, against the CHS, for ANY "Negligence & Deficiency" in parking facility, vehicle damages etc....
d) The MC is liable to provide Common area lights, Security services to the CHS common areas, Sweeper charges to the parking area, path-way repair & maint. etc...
6. CAN PARKING DEPOSIT BE COLLECTED ?
a) Parking space is a Common area and Deposit for Parking space cannot be collected, even if passed by the GB.
b) However, by Law there is no restrictions as yet, on Parking Deposit, but subject to mutual consent by ALL members.
c) Deposit means refundable, interest free, or whatever.
7. HOW TO ALLOT PARKING SPACES
a) Depending on the number of lawful Parking spaces (under BMC rules) and number of member vehicles, Parking space may be tentatively alloted on yearly Rotation usage system, which depends on cyclic First Apply First Allotment system.
b) More than one parking space may not be alloted to a member IF other members parking requirements are not fulfilled.
Mr. Visariya thanks for sharing such valuable info. I would like to support you in getting more info and data to keep ur blog update. Pls let me know thanks vinod
ReplyDeleteravindra shinde yugma society pune.
ReplyDeleteTHANKU SIR FOR THIS VALUABLE INFORMATION. THANKS A LOT.
is there any rule where the MC can ask the details of vehicles owned by the member.Since i found that some of the members are either parking 3rd party vehicles or their relatives or family persons(who are not staying with them) vehicle in society premises.
ReplyDeleteyes society has to ask the details of vehicles else how society will give allotment letter for parking
DeleteIs there any rule if I cannot park my self owned t permit car in the society if I don't have private car
DeleteSir, this blog contains very useful information, But However I have 1 question, Society is asking for Interest free parking deposit of Rs.25000/- from me & its also proposed to raise the amount to 75000/-. from 1st Oct - 2014. I am holding a second hand NANO car which cost me Rs.40000/- , Pl suggest some remedy for this or else I have to sell my vehicle.
ReplyDeleteAsk the society to give you this demand in writing on letterhead OR in Bill (Than pay this amount and) file a complaint to Dy. Registrar of Co-operative Society and informed this illegal demand by society. If Parking space is available in society then they have to give you parking space they do not refuse you.
ReplyDeletethe Dy Registrar claims that parking is not under purview
DeleteHi,
ReplyDeleteMy question is almost the same as Mr. Mehul Shah's question and pertains to Point No. 6 of your blog on collection of a Car Parking Deposit.
The Management Committee of our Society has recently proposed a Rs.50,000/- interest free car parking deposit to be paid by all members having an open car park. This point is on the agenda of the AGM scheduled in 3 days from today.
From what I understand, this proposal can be passed in the GBM only if all members agree to it. Also, while this is not restricted by Law, they cannot enforce such a collection.
We are planning to meet members and find out how many oppose such a collection.
My questions are as follows:
1. On what grounds can we oppose this demand?
2. What percentage of members need to oppose this demand for the MC to drop this demand?
Look forward to your early response. And many thanks for your help.
Best regards,
Monisha
2/3 member which is present in the meeting can oppose this demand for MC to drop this demand,
DeleteAsk the committee under which MCS Act 1960 / 2013 section this is cover.
Hi again,
ReplyDeleteOne more question! What is the practice in Mumbai city regarding allocation of car parking space ... is it usually allotted on a rotation system? In my society, car parking slots are treated as a "right" and members who have "convenient" spaces (close to the foyer, close to the gate, etc) do not wish to give these up and allow others to enjoy the same convenience. However, we have heard about societies where car parking spaces are allotted on a rotation basis, so that all members have the opportunity to enjoy, for at least some time, a convenient car parking slot.
Your views would be very helpful.
Best regards,
Monisha
In mumbai city rotation policy is followed if builder is not sell the parking space with registered Agreement. Rotation is done by lucky draw system
DeleteDear Sir,
ReplyDeleteI live in pune ,
I posses 2 (1bhk flats) and 2 covered car parkings purchased from the builder in year 2006, the amount at which each parking is purchased is not mentioned on the agreement but the detail of the parking such as length, width , location along with the parking number is mentioned in the agreement.
Both the flats have seperate registration document and there is a mention of the covered car parking on it ( i.e parking number cp-30 for flat number 401 and parking number cp-31 for flat number 402), both the flats are on my name and there is no co-owner.
also there are 2 different parking allotments letters given to me by builder , and the allotment letters clearly mention that after society formation , society is bound to follow this parking allotment.
There are 5-6 members in the society who have not been allocated any car parking by builder , however offer was given to them by builder at the time of purchase but they declined ( this can be proven since their flat registration number is earlier than mine).
As per the bye law no.78, only unsold and unallocated open parking space can be allocated to the members who don't have a single parking space.
Can the society revoke one of my covered car parking and allocate it to one of the member?
No society can not revoke your parking since it is mansion in the Agreement and Agreement is register. So to revoke your parking society has to go in co-operative court.
DeleteSir, in my society which has run out of parking space / slots, there is a proposal to now refuse parking slots earlier allowed to to tenants staying on leave license basis.
ReplyDeleteIt is felt that flat owners, even if they have a 2nd or 3rd car, have a parking right much above and over the tenant's only car.
Sir, is this view correct and legally enforceable under housing bye-laws? If we ask tenants to park their vehicles elsewhere, can they challenge this legally?
Thank you in advance for your valuable guidance.
Nilesh (nileshashar@gmail.com)
Tenant's are Nominal Members AND HAVE NO RIGHTS OF A REGULAR MEMBER, which includes having NO RIGHTS of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended humanitarian facility to the nominal members.
DeleteParking Charges for the parking outside the society premises compound can be charged by the society ?
ReplyDeleteNO.
DeleteI’m residing in cooperative housing society as a Tenat. My Landlord & his family members has 3 flats in the Society. He & his family members are residing in 2 flats and given a flat to me on lease and licence basis. My Landlord does not have any Car. I own a Car. In the last AGM society has passed a rule where in the non members / tenants have to pay parking charges of Rs 1500/- p.m. while the members have to pay parking charges of Rs 100/- p.m. There is no shortage of parking. All the cars in the society are parked easily. And parking space can accommodate minimum 5-6 more cars.
ReplyDeleteMy Landlord is ready to help but wanted some legal grounds to challenge the rule passed by the society.
Request you all to let me know
Whether society can Charge differential rate from members and non members for parking vehicles.
If not, then what steps my landlord should take to challenge society.
Thanks
Firstly Tenants is nominal member of society only difference is that tenant do not have any voting rights & tenant can not attend AGM ,SAGM of society. Secondly society can collect different charges for same type of vehicle from members.
DeleteThis comment has been removed by the author.
DeleteWhat action/steps my landlord should take so that society does not charge him/me excess parking charges ?
Deletejust give society copy of Form 29 & 11 along with covering letter that you are nominal member so society can not charge extra parking charges. copy of this you can give to Dy. Registrar of C.S. of your area. take acknowledgement from Society & Dy. Registrar of C.S. office.
DeleteNominal member is not a Registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is alloted to a Registered members including his family members and associate members, since Parking space is not a right granted to the registered members.
DeleteBased on the above statment can the parking space be denied to me.
My Landlord has given a letter to society stating that he has taken my car on lease from me for a monthly rental.
Still the society can charge differential parking charges from him ?
If society taking parking charges then it apply to all member who have vehicle. Society can refuse parking to tenant if parking space is not available. If landlord have taken car either purchase or by rant. So society can not charge different parking charges form same. I think you should send legal notice to society regarding this unlawful resolution
DeleteThis comment has been removed by the author.
ReplyDeleteThanks
ReplyDeleteHi,
ReplyDeleteMC of our society has issued parking stickers to all residents (1 car and 2 2-wheelers each) and are insisting every one paste the stickers to be allowed parking inside the society. We are facing resistance from 1 or 2 residents against this who haven't pasted the stickers and yet park their vehicles inside the society inspite of multiple reminders and in that process have threatened the security staff as well. They have not accepted any letter/notice given by the MC in this regard as well.
What can an MC do in this scenario to ensure the order?
First file NC against this member who threatened the security staff. As per bye-laws No. 164[a] society can charged Rs. 5000/- as penalty after giving hearing to the member. charged the penalty and recover the same from member.
DeleteI purchased one flat in a co-operative society in 2010 along with one closed garage.
ReplyDeleteI have more than 2 cars. So I applied for one open car park also with the society. When some open parking spaces became available for allotment, the society is giving preference to other members who do not have a garage.
The society's argument is that they are following society's parking rules passed by AGM in the year 2006. But before the year 2006, the garage owners had been allotted open car parking spaces and they are still continuing to have those open parkings. Even before 2006, there were other members in the Waiting List who were not having a garage, but they were not given any preference in allotment.
Before 2006, there was one waiting list for all members. Now there are two lists. One for members having a Garage and 2nd list for members without a garage.
Members with garage will get allotment only after the other list is completely over.
Open parking space is common area of the society for the benefit of all members whereas closed garage is my personal property.
Our Society's bye-laws say "first come first serve" basis.
Is society's such rule justified ? Is it legal ? Please reply.
This is totally illegal . Available parking space should be allocated on the first come first serve basis irrespective where their owner having one car parking or not. For that society should publish list every year. only one list no two two different list as in your society.
DeleteI had parked a second car after submitting a letter to the society. I was billed rs.300/- pm for 4 months .the amount was paid by me monthly as stated in the monthly society maintainance bill .the car is registered in my mothers name and as she was out of the country i used the car for my personal use. on my mothers return i submitted a letter stating i shall no longer need parking . thereafter i recieve a letter and a bill stating i will be charged for guest parking @ rs.100/- per day as per society resolution for visitors car. Please advise if society is justified in doing so
ReplyDeleteNo not justified . But you have to view what resolution pass in AGM.
ReplyDeleteLogic for wrong charged :- You have given letter to society regarding parking of second park. society agreed and charged same.Assume that society has verify the car details. Now how can society can charged you visitor parking charged But Logic In bye laws it is written that if flat is given to closed relative for staying then no Non -occupancy Charge can be charged. Is mother is visitor as per your society ? Ask your society to define visitor.
In my society one member has rented has flat to students and they do not have car,Now the member lives in adjacent building and has two cars.He parks one of his car in our building.He pays half the parking fee the renters pay because he is a member.My question is,is parking is allowed to a non resident member?
ReplyDeleteThanks
If parking is purchased / allotted to member then he can use the parking for parked his car.
DeleteDue to a leakage from the ceiling of my parking slot some liquid dripped on my car and discoloured my car in certain spots. I am paying Car parking charges. Can I ask the society to pay for repair of the damage done without going to court?
ReplyDeleteThank you
No. for this you have to go court
DeleteI am a tenant living in a CHS in Mumbai and my flat-owner doesn't own a parking space inside the CHS premise. I have been parking my car on the outside road so far without any issue. Recently however, few nearby societies have teamed up and formed an association and have provided a barricade to restrict outside vehicles to enter that road (which supposedly the CHS association has taken over under ALM scheme from BMC). Towards upkeepment of that road and security charges, my CHS is now asking few select tenants like me to pay Rs.1000 per month as 'parking charges' as they had distributed 'entry sticker' to me. Can they do it under the present law? Can the society levy differential parking charges for tenants and owners?
ReplyDeleteNo society can not levy differential parking charges for tenants and owners. Either society refuse the tenant parking or give them parking at same rate on which they are allowing to owner.
DeleteHi, I need advise. i stay at one CHS in Vikroli. i have got one car parking alloted for my car. Due to travel work, i kept my diesel car near to my work place. For my family requirement, i have got my brother in law car . Can i request society to transfer the car parking which is in name of my brother in law. Also, if society that, is there any remedy. My understanding is that
ReplyDelete1. New bye law has added brother in law as family member, hence society shall accept it.
2. There is a group of people in managing committee, which are issuing car parking if they are friend to some one in society. Can society arbitrarily deny parking to 3BHK member, but allow 2 BHK or 1 BHK members to have parking.
Vaibhav Mathur
You have to just inform the society that now onwards you will park Car No. MH-**** in you parking slot. This car belong to your family. If your society issuing car parking sticker with car no than only car sticker has to replace.
DeleteNot understand is in your society parking issue based on car or based on Flat. Society can not arbitrarily deny parking to any flat owner.
Hi,
ReplyDeleteplease advice me on below 2 queries,
i stay in pune (1BHK), builder did not provide sufficient parking and we are parking our car in open space inside society premises marked by society. now,
1- society is asking to pay 1000/-pm for parking rent for which opposed but they seem to be admant on making 1000/-pm. initially to start with 600/-pm with 10% increment every year till it becomes 1000pm. is this valid or is there any law thorugh whihc we can oppose this? people supporting this are already having thier own covered parking so they are admant on it.
2- if we do not agree then dont park the car inside the premises. is this right? we as flat owners dont have any rights to get parking inside the premises?
please suggest if there any by-laws to helps.
thanks
Datta k
Pune
Sir,
DeleteIf parking charges is approved by society AGM with majority of voting then you have to follow that.
for point No. 2 check your agreement of sale is builder has give permission that you can park your car in building premises then you can do that else not.
Sir,
ReplyDeleteIn our society the parking slot is allowed on rotation basis. Which is a good thing but the old members have occupied the convenient slots and and system of rotation is even thought their car go out one month in a year( as per rotation ) there car come back is same slot. Our slot is very inconvinient and have to remove our car daily for children play. Is their any law so that all the members shall enjoy the convenient split once a year
you can do draw / lottery system to allot parking space.
Deletecan MC refuse car parking to the associate members as bye laws says No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a) & section 27(2) talks only about voting rights. kindly advice
ReplyDeleteNO.
DeleteWe have 15 story bldg with parking space for fire brigade
ReplyDeleteCan this be allowed to be rented for car parking with deposits
NO
DeleteSociety has no conveyance done in that case can society still allot the parking space ?
ReplyDeleteYES
DeleteI’m staying in a rented flat in Malad (W) Mumbai. Its been three year the society is charging Rs 100/- p.m. as car parking charges from member, but for tenants the Car parking Charges is Rs 1500/- p.m. over and above the non-occupancy charges to landlord which is also more than 10% of maintenance bill. My landlord is a senior citizen person and helped me a lot and charged me only Rs 100/- pm and paid Rs 100/- p.m. to the society. But now he is worried and tired also of fighting with the office bearers of the society as they are charging interest on the unpaid bills. Request you to please help me with a solution. Thanks in advance .
ReplyDeletesend complaint letter to Dy. Registrar of P/S ward saying that society charging more then 10% of NOC charges and also charging extra amount on parking.
DeleteCan MC have rights to create parking in front ground floor flat hall window? please advise on below points what should i do
ReplyDelete1) They have puts shades for parking because of that less sunlight is passed on Hall.
2) After opening window we see lots of bike park.
3) When they park or remove bike from parking acceleration smoke come directly in our house.
4) We open windows after 11 am till all bikes are gone and we will get fresh air and sun light.
5) Because of bike parking no cleaning work is done and if we complained about the dirtiness MC comes to fight with us.
6) Other society members wont support us because internal politics.
Society can not put such shades which block the sunlight in your hall. Society has to take the permission from local municipal authority for putting shades.
Deletefor cleaning you have to give letter to secretary of society and give copy to Dy. Registrar of C.S. of your area.
I have two flats in a CHS in Kharghar... the society has also given me two share certificates.... further me and my brother have one car each. In the society there are 34 parking slots and till date only 16-17 cars are being parked. Some idiotic MC have some weird thought process and have decided in the AGM that I need to pay 1000 for the second car... I had reached out to the Dy. Registrar in CIDCO who says - the car parking is not under is domain..... Kindly advice what can I do to park the 2nd vehicle.
ReplyDeleteYou have 2 flats. So ask society to issue car sticker for 1 flat each i.e you can show 1 car belong to 1st flat and 2nd car belong to 2nd flat. so their is chance that one flat having 2 car park.
DeleteThis comment has been removed by the author.
ReplyDeletehi,
ReplyDeleteVery useful blog Visaria. I have just moved back in my redeveloped society. Now as per redevelopment agreement done in 2006 Builder has the rights to 50% of parking slots stilts and open. Which has been sold along with the new flats.
Now there is a parity issue. 50% of society's parking slots are to be allotted as per MC's wishes. So as per first come first serve MC's have taken up most of the stilt slots and existing members are left out. And the rest are with builder and most are unused too.
Can we take back the possession of the parking spaces from the builder so that there as a society we can allot on a rotating bases.
Is there no way to get MC's involve General Body in making parking allotments?
Thanks
Priyank
You have done agreement with builder that 50% parking is for society and 50% he can sale so you can not take possession back.
DeleteFor parking allotment you can do allotment of parking to member in general body meeting for the period of 1 year on rotation basis
Hi..
ReplyDeleteOur society has made a rule that parking charges should be paid from May-April basis.I brought a four wheeler in the month of OCT2014,society is asking me to pay the four wheeler charges from MAY2014 to APRIL2015.
sir please help me out.Why should i pay money for those months which i haven't used.
Please help me sir .
Thanks
SHAFI.
If this is not approved by Dy. Registrar of C.S. then just file complaint against society committee for this parking charges against Dy. Registrar of C.S. Also pay your regular maintenance with that month parking charges to society though you have file complaint.
DeleteHello Sir..
ReplyDeleteI am a resident of Mumbai. I had a query & wanted your suggestion over the same. We have recently bought a car but there is no parking space left in our society since other members who already had 2-3 cars have bought more than 1 more parking in the society. and hence we do not have any space left for our car parking (Open/Stilt).
Please guide me whether there is any law that states the right of parling to every memeber equally or that states that only one parking can be allotted to one flat pr amy such law that can help us to argue against it..Thanks in advance.
As per Bye-Laws No 78 (C) No member may be entitled to utilise more parking spaces then what is allotted to him by Society or which he has purchased
DeleteBye-Laws no 80. A member having vehicle will be eligible to have parking slot
Dear sir,
ReplyDeleteIf any society member holding a big parking space where he can park two cars without hindrance to any other member. Can society ask that member to pay additional parking charges equal to members having second car and requires additional parking space that need to be allotted by MC.
Rule says member should not utilize more space than allotted or he purchased. my car parking can accommodate two cars easily.
Let me know your views
prashant
if in your parking you can park 2 car OR 4 two wheeler than it no problem. you have to pay only once parking space charge.
DeleteSir, In the Society (CHS) premises, the small Bicycle was theft, who is responsible, Society(CHS), Security Agency or Society Officer’s.
ReplyDeleteSir i have purchased open stilt from builder before the society was registered. Can MC take back my open stilt from me for parking purpose.
ReplyDeleteSir, I have leased vehicle given to me by my employer as part of my employment terms. the vehicle is parked by me in society premises with parking fees paid thru regular maintenance bill and I am the owner of the flat. Now society is asking me to remove vehicle citing reason that the leased vehicle is not on my name and another ,member has purchased the vehicle on his name. Please guide, what are my options
ReplyDeleteI have society allotted open parking space, over the past two years, my wind screen has been broken and now the bonnet has been smashed by falling objects by the members of the society.
ReplyDeleteAs per your clause society has to pay for the damages as monthly maintenance is paid by me. I have also requested the secretary if I could put up a canopy to prevent such damage, but they have refused. Please advise.
This comment has been removed by the author.
ReplyDeleteHello Sir,
ReplyDeleteNeed your valuable advice.
I had purchased a flat in the year December 2015 from the landowner (not the builder). while negotiating we were told that the car parking allotment would take place after the builder gets the completion certificate. it was also confirmed that we would be getting the first preference when the allocation process would be carried out since we were the first buyer.
We have demanded at the time of agreement to include in the agreement the area of parking that we would be getting but were declined and asked to trust them. Very strange after few months the allotment was done but in the form of lucky draw and not on the FCF basis. We were not given preference as was committed earlier. When i tried calling them they stopped receiving my call. The main issue which i could see was builder has allocated the paring on the basis of lucky draw and similar process was followed by the landowner as well. On top of that i saw the agreement paper of the resident for most of them it was mentioned that they would get the parking below the building B. We were almost 10 to 12 family for whom it was written the same and the parking available was few under podium garden and few under B building.
We are now feeling cheated as we did not got the parking that we liked considering as we had 2 vehicle's (1 four and 1 2 wheeler).The builder has not provided same area of parking, some are very big some are so small that I will squeeze only 1 car and therefore we had asked them that we need the first preference so that we could accommodate both the vehicles.
Second issue that we are facing is that the touch up work is pending at one place. One of the fitting in master bedroom for flush has got loosed. The doors material are deteriorating. I have made the complaint to the builder and the landowner but no one pays to heeds as they have got the money. We were told that for 1 year service would be provided by the builder for any thing that require attention
can some one please comment on the above post?
ReplyDeleteSir i had surrender my ownership flat at ghatkopar in 2006 i had two ownership flat of one bedroom hall kitchen of 519.17 sp foot carpet each the builder agreed to give extra 20% so we got 1246 sq ft and we purchased add 95 sq ft so the total area came to 1341 sq foot it was one full block instead of two register block one in my self and my brother name .
ReplyDeleteThe builder agreed to pay rent for for 18 months @ 30 per sq ft after 24 months if he could not give possesion he agreed to pay penalty for rs 200 per day above 30 per sqft if the project is not completed within 30 months the project stands cancelled and holders of flat will be free to take possession of their incomplete flats and will complete balance work at the cost of builder . The builder increase rent and gave possession in year june 2014 after 8 eight years and also did not pay rent for period apr 2013 to june 2014 and after that i thought of taking possession in june 2014 and while taking possesion he took undertaking from me that he has cleared all dues from me and their nothing recoverable from him , as I wanted possession and he was not paying rent I had no other option but to take possession and give undertaking . Now after taking possession he did not allow me to carry out work like breaking flower bed etc but instead told me if i pay him 10 to 15 laks i would allow him and also give in writing for extra area approx 125 sqfoot officially but i told he i will see to it later on . Now during the meeting with builder he told all the occupants of new building whose agreement were before approx 2012 to pay for funjible f s i .
Now through my relative I have come to know that extre funjible f s i given to builder is not chargeableto old tenents holders . Also he promise to give parking in 2006 but know he has not alloted fix parking to us instead to some old holders he has given or sold parking below stilt or basement , Even to new buyers he has alloted or sold two fix parkings in stilt or basements and problem of parking in open spaceis occuring during days and night and he has closed some basement parking by applying chains so nobody can use it how can parking problem can be solved Also suggest for funjible f s i and parking space and for rent which he has not paid for 15 months ,my name kishor shah
Im staying in this society since 17 years and Society refuses to allow parking for my t permit self owned vehicle that i just purchases. What should i do. Is there a rule that i cant park t permit ?.
ReplyDeleteIm staying in this society since 17 years and Society refuses to allow parking for my t permit self owned vehicle that i just purchases. What should i do. Is there a rule that i cant park t permit ?.
ReplyDeleteSir, please guide on following -
ReplyDelete1. Can MC of the society without having land conveyance executed in the name of society takes ownership of parking space in building (stilt, open ).
2. Can Member park two wheeler anywhere when building or builder has not provide any two wheeler parking space?
3. Can Member park two wheeler in car park space along with car or inplace of car?
4. Can MC stop the car of member relative even if Member has reserved parking space and wants to park that car in his parking?
Please advise
Regards
PJ
Dear sir, need your guidance and advice-
ReplyDeleteI am a tenant living in a society where car parking is on the road outside which is not a part of the society's premises. But parking is disorderly and is a big menace with most of the car owners having grabbed parking spots by virtue of being long term residents. Some have their spots clearly marked as well. To add to the woes, there is indiscriminate honking, inactive/scrap vehicles occupying parking spots, little care for new residents vehicles-owners or tenants and absolutely no cooperation from the individual member or the society as whole. They clearly state that they won't take the issue up with anyone and that the impacted person must fend for him/her self. Despite multiple pleas and requests not only I'm being denied help but also being targeted with rude and harsh language and baseless allegations. My landlord can't do much as she herself is new to the society.
Am I wrong in seeking a suitable parking space in this situation? (My landlord doesn't own any vehicle) If no, can I write a formal letter to the society about the misbehaviour of its member towards me which occurred on a common whatsapp platform, so it's already known to the members.
I would like to work collectively to reorganise parking and enable the society to handle this issue efficiently in the long run. Am I wrong here too because I am just a tenant?
Will it have any legal implications on me?
Hi Sir,
ReplyDeleteNeed your advice. I live in Navi Mumbai. As we do not have enough parking space, i park my car outside on road. In last two months my car window was broken into and the audio was stolen. This has happened twice in two months. I want to know if the car is parked outside socioon road, is the society responsible for guarding the car as there is no parking space avaliable. My second question, is local police also responsible if theft has happened in car parked outside society due to no parking space avaliable.
Regards,
Amol Dhurandhar
Amol.dhurandhar@gmail.com