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.