1)you have been allotted car parking slot
2) you are at liberty to park your vehicle in society premises
3)society cannot prevent you from movement of your vehicle
Can an apartment society restrict vehicle movement of a member
Respected Sir I am a member of an apartment society in Noida (owner member). I am having a discussion with the society management regarding an issue (no where related to payment of dues, which i pay in due time). Since at the moment we are at a deadlock, i have recently got to know that the members are trying to consider blocking in and out movement of my vehicle from and into the apartment. Can there be any circumstance under which such an action can even be considered from a civil perspective?
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
They can't do this, as this has the effect of curtailing your fundamental right to movement.
As and when they take a move this effect, file a writ petition in the High Court against your RWA and seek appropriate relief.
Society can not prevent you from any movement, if you have been allotted a parking slot. Being a bonafide member you are at liberty to park your vehicle in the premises.
Regards
firstly you go through your deed of conveyance vividly to know the facility and amenity available in the apartment complex and your entitlement. if possible go though some other's deed of conveyance in the apartment.
upon doing that you will understand the reason for blocking your movement.
if you see that standing on the same footing, some one getting the facility but you have been blocked, then you may choose legal action against the society for restoration of your right.
No member or even the society can stop you from taking your vehicle out or bringing it in if you have an authorised parking space allotted to you within the apartment complex.
You can lodge criminal complaint against the people who try to put obstacle to your in and out movements in the apartment complex.
You can even issue legal notice to the erring members or can make a complaint with the association.
