My family moved to an adjacent building (B) as tenants as my old mother had problems with climbing 4th floor in our owned flat in our own society (A). This rental society (B) does not allow any parking for tenants. So we continued parking in our own society A). After 3 months, when we rented out our owned flat, the society (A) passed a resolution in AGM stating that owners who rent out their flats will not be allowed to park their vehicles. Despite stating that we then have no place to park and for health reasons purely we had moved, the committee (A) is unwilling to consider our situation even on humanitarian grounds and threatening us to tow our vehicle. Can I file a law suit on the committee and an injunction to prevent them from touching our vehicle?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You are entitled to park your car in your parking slot
merely because you have given your flat on rent does not disentitle you to do so
3) I presume your tenant does not have car
4) file police complaint against office bears of society for acts endangering peace and criminal intimidation
Yes, ofcourse you can. The resolution passed is absolutely arbitrary and is prone to be set aside if a civil suit is filed against it. The injunction can be sought immediately and the resolution can be challenged as such. It is pertinent to mention that it's your own purchased flat and you have paid for the parking spot. If the tenants who have been let out your flat, do not own a vehicle or don't park in your parking spot, you are entitled to park it over there, as long as you are not parking in anyone else's spot.
Good luck!
Yes, my tenant does not have any vehicle either. Still the committee on the pretext of paucity of space has passed this resolution through the AGM voting, where out of 38 present members, around 5-7 members voted to disallow parking, 1 voted to allow, and rest all were silent. The AGM also was not video recorded, which I had specifically asked them to. Nor any signatures taken of the people who voted for, against or remained silent. And in fact, there is space available to park more cars as well, and there are no owners in the queue wanting to have a parking space. In fact, one of the committee members has his son's car parked sometimes in society A, and sometimes in another building where the son lives. So he is enjoying parking in 2 societies. Another non committee member (who handles the society's accounts and therefore a close aide for the committee) and uses his flat in A for office work but not for residing (he resides elsewhere), is also parking his car in A. Clearly there is discrimination and double standards which I challenged, but committee is not budging. They recently circulated the finalized minutes of AGM where they are quoting bye law 169(a) of Model Bye laws, to treat my parking as an encroachment of common space. I don't believe that even bye laws 78 to 84 empower a committee to frame such inhumane and discriminatory resolutions. The committee also has yet not responded to my letter challenging their draft AGM minutes and the resolution, and still finalized the resolution. Additionally, I had sent a show cause notice to the committee through a lawyer who challenged their resolution before the draft minutes were finalized, seeking the rationale, law, section etc. basis which the committee were forcing this resolution. The committee has not even responded to my lawyer yet. Apart from filing an NC or police complaint, can any pecuniary case be made against the office bearers?
Unfortunately, the police would not be much of a use in this sort of matter as no cognisable offence is made out here. The only remedy lies with the civil court of your concerned jurisdiction. An injunction needs to be sought without any further delay, which if your counsel represents well, would succeed for sure. You can also make prayer in your suit for the abolition of the committee so formed who are not even adhering to the general practice of conducting the AGMs as per rules and stipulated law of the land.
I wish you all the best though!
You have to approach cooperative court to set aside resolution passed by AGM refusing to permit you to park your car in society premises
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- If you was having the parking facility , then the society cannot refuse the tenant for the same.
- You can lodge a complaint against the society before the registrar of housing society .
In the given situation you can:
1. Issue a legal notice demanding explanation by the society for objecting to park your own vehicle in the parking space allottee to you, especially when the tenant is not having vehicle to park as well as the bylaws don't allow the tenants to park their vehicle.
If they fail to respond or still adamant to not to allow you to park the vehicle in the space allotted to you, you may submit a complaint agaisnt them with the deputy registrar against the society management to intervene and pass orders against the decision of the society.
If the registrar concerned is also not taking proper or effective action to prevent the society from the illegal acts against you in this regard, you may file a suit for permanent injunction against the society before the cooperative court to restrain them from interfering in your peaceful possession and enjoyment of the parking space allotted to you;
2. Alternately you can lodge a criminal complaint agaisnt the society office bearer/s for their illegal activities against you for preventing you from parking your vehicle in your parking space, for criminal intimidation and other unlawful activities contradicting your rights in the society.
The RWAs are confined to the housing society's premises and do not have legal authority over issues outside this scope.They rely on the cooperation of residents and local authorities. If you are not satisfied with the resolution, you can approach the Registrar of Societies for your area.
The parking space allotted to you is coming under your rights. The RWA can not officially be an owner of anything in society. Despite its power, the association is unable to interfere with the ownership rights of any resident.
If an amendment is contrary to the provisions of the Act or other laws, a court can determine its legality.
You can appraoch the cooperative court with a sit for permanent injunction against the society for this illegal act of forbidding you from parking your own vehicle within the space allotted to you
These cases are very common in various Courts of India. I can understand your concern in this regard. The Maharashtra state cooperative appellate court has recently observed that a tenant or a leave and license holder have the right to park their car in the space allotted to a member on the society premises. Furthermore in 2010-11, builders attempted to sell parking spaces as separate units, but the Bombay High Court ruled that parking space is a component of common facilities. The Supreme Court upheld this decision, making it part of parking regulations in India’s residential areas. Following the 2010-11 Nahalchand Laloochand Pvt Ltd vs Panchali Cooperative Housing Society case, it is illegal for a builder to sell parking units to non-society buyers or residents as separate real-estate units. Allotment of parking space is an administrative function, and the Managing Committee and General Body are authorized to allot parking space to registered members, including family and associate members.
In the present case, you have already issued a written representation through lawyer and other side haven’t responded yet nor have acceded to your warning. Therefore, you have to now file formal legal proceedings in Court for appropriate relief(s) including temporary/permanent injunction along with prayer to take action against the office bearers. Thus, an injunction is a specific legal order of the court issued to prevent a wrongful act or the commencement of a wrongful act until the disposal of the case. It can be issued at any stage of the case upon an application to grant an injunction order against the other party.
Detailed discussion is required in such cases. You may contact my secretary to connect with me for clarification.
Injunction Suit: File a suit in a civil or cooperative court seeking an injunction to stop the society from prohibiting your parking rights and preventing them from towing your vehicle.
Challenge the Resolution: Since the AGM process was flawed (no recorded voting/signatures), and the resolution discriminates against you, request the cooperative court to set aside this resolution.
Registrar Complaint: File a complaint with the Registrar of Societies, citing discriminatory practices and misuse of society rules by the committee members.
Legal Notice: Since your tenant has no vehicle, your parking should not be restricted. If no response is received to your previous notices, consider a pecuniary claim for any damages incurred due to discriminatory actions and inconvenience caused.
These steps should help uphold your parking rights as an owner.
Dear Client,
In the Present Scenario, your family had moved to an adjacent building (B) as tenants because, your old mother had problems with climbing the 4th floor, in your owned flat in your own society (A). This rental society (B), however, does not allow any parking for the tenants. Hence, you continued parking in your own society (A). Subsequently, after 3 months, when you rented your owned flat, your own society (A) passed a resolution in AGM stating that, owners who rent out their flats would not be permitted to park their vehicles. Despite this, you do not have a place to park and it is for health reasons that you moved to (B). But, the committee (A) is not ready to accept your request and is threatening to tow your vehicle. Herein, firstly, if you feel the resolution posed by (A) unfairly discriminates you, or is unreasonable, you may argue on grounds of violation of your rights as you own the house, and it may be your right to let any part of the house for rent. Secondly, though many societies have their own rules on parking, you may argue for an exception due to health reasons. However, to prevent any threatening, you may file for an injunction depicting that, there is an irreparable harm for you, and on the basis of equity, your request is justified. But, before that, it is suggested that, you may go ahead for a negotiation or mediation with the society (A).
Hope you find this answer beneficial for resolving the dispute.
Yes you can park in your society even if you have rented your flat. TherI is no regulations prohibiting you. You can tile a complaint before consumer court if the society is stopping you illegally to do so
