Hello Sir, Good Morning !! I, along with 11 other members of the society are in a situation where managing committee is trying to take the parking space which is infront of of our parking as is the extra space. It was given by builder to our use since it has beam wall in front and other car cannot be parked due to beam. Now, Managing committee contacted builder asking them to convert that space into two wheeler parking area. Please let us know what best we can do to save or property from these jealous committee member. Few important information: 1. Completion certificate, occupancy certificate is not being provided. still members are staying. 2, Society formation will complete its one year next week ie 16 July. 3. Agreement has layout details where pillars are marked. But nothing is mentioned about this place we can exclusively use. 4. Builder has given some letter regarding this parking issue. 5. Managing committee is called SGM last week, but it was not passed in it. they are still trying all possible option to take it but stating managing committee has all right to take that area. Please guide. Regards Ateet Mishra
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1. Well,if there is some extra space and the builder has given this to you without mentioning in your titile deed then you do not have exclusive right over this space.
2.The said extra space can be used for common purposes.
3.The common purpose can be meant for parking two wheeler also.
4.Howeevr if using the extra space for common purpose causes free usage of your parking space then only you can oppose the same.
5.Before the formation of society though no such decisison can be taken.
1) firstly members cannot reside in the building constructed by builder as no CC / OC has been issued by muncipial corporation
2) parking forms part of common area for benefit of all members of society
3) builder cannot sell car parking slots
4) society can re allot car parking slots by drawing of lots
The management committee is not the authority to decide on such vital issues which affects the members welfare.
Any such issue has to be decided in the general meeting only
The proposals have to passed as resolution in the meeting conforming to the bye laws of the society
If any decision taken unilaterally by the management committee, then the affected members may give a joint representation to the committee and seek for a special meeting , if the request is not acceded, then further legal action through registrar of societies or cooperative court may instituted.
