• Frequent forcible shifting of paid allotted parking lots in the name of cultural activities

I am a senior citizen aged 75 years. I live in a gated community. I have opted for a open parking lot and paid for it to allow me easy and fast access to vehicular transport in case of medical emergencies. However the RWA in the name of conducting Cultural Activities block the main circular road leading to the exit for hours and also force me to shift my car further away preventing easy and fast access to my car and impeding free movement of ambulances during medical emergencies. Is this legal?
Asked 9 days ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

I am sure this cultural activity is to be held for a day or few days.

The cultural activity is for all the residents of this gated community.

Even in such events the roads of the cities are often remains clogged or blocked during those days of festivities. 'Therefore, there is nothing illegality in it. 

Devajyoti Barman
Advocate, Kolkata
23488 Answers
529 Consultations

I presume cultural activities are not being conducted on the open parking slots 

 

2) you cannot be forced to shift your car further away merely because RWA wants to conduct cultural activities 

Ajay Sethi
Advocate, Mumbai
98258 Answers
7986 Consultations

The RWA hai not permanently blocked the way or access to your car.

It was occasional hence there cannot be any entertainable grievances in this regard.

However you can issue a legal notice to the secretary of the RWA venting out your grievances and request them to protect your interests especially during medical emergency and ensure they don't block your path in any manner.

 

T Kalaiselvan
Advocate, Vellore
88462 Answers
2395 Consultations

It’s not legal but being in society we adjust the same sometimes in year. But if it’s regular then you can complaint about the same

Prashant Nayak
Advocate, Mumbai
33389 Answers
220 Consultations

- As per law, it is the responsibility of the society to given special attention towards the Senior Citizen , and he should remain integrated in society and participate actively in the formulation of policies which effect their wellbeing.

- Further, the Senior Citizen should be able to live in dignity and security and should be free from exploitation and mental and physical abuse.

- If the association is not adopting these laws, then you should report the Secretary/registrar of the society.

- You should give a written complaint, if the society is implementing unfriendly rules which are creating hardship to senior citizens. 

- You can also lodge your complaint with the police as well. 

Mohammed Shahzad
Advocate, Delhi
15117 Answers
229 Consultations

No. Your paid‑for parking space and clear emergency access are legally protected. Serve a written notice to the RWA; if they persist, file a complaint with the cooperative‑housing registrar or seek a court injunction (and call police/fire services if access is blocked).

Shubham Goyal
Advocate, Delhi
1007 Answers
5 Consultations

Your situation is well appreciated on humanitarian grounds, but legally no resident can claim an exclusive right over an open car-parking slot in a gated community. At the same time, the RWA's act of blocking access is unlawful. You may try to resolve the issue amicably with them. If they do not cooperate, send them a legal notice through a competent lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
3007 Answers
20 Consultations

Misuse of public and even private space is endemic problem faced by all. In the name of cultural/religious function public roads are blocked for weeks. There is no practical solution to this problem. Filing any complain will create more problems.  

Ravi Shinde
Advocate, Hyderabad
4842 Answers
42 Consultations

As a senior citizen who has paid for an assigned open parking lot in your gated community, you have a good legal and practical ground to protest the coercive relocation of your parking lot and blocking of access during cultural events.

Legal Position on Paid Parking Allotment in Gated Communities

When you pay for a particular parking space, you get a contractual right to occupy that space. This right is guaranteed under the terms of your contract with the RWA or the housing society, and it cannot be arbitrarily withdrawn or changed without your prior permission. The Supreme Court rulings and RERA directives make it very clear that both the open and stilt parking areas are common areas but usage rights are distributed among the residents on payment or allotment. The allotments have to be respected by the RWA and the RWA cannot arbitrarily displace a resident's vehicle without following due process and consent of the party. RWAs are able to hold community events but in a manner that does not take away the rights of residents. Preventing the main roads from use or pushing residents to displace paid parking cars, particularly seniors who need medical attention, is tantamount to abuse of authority.

Rights as a Senior Citizen and Resident

The medical requirements and age enhance your right to free access to your vehicle. Therefore, the following action made by the RWA that hinders your quick access to your car in times of emergencies can infringe on your right to health. You have the legal right to peacefully enjoy the paid parking area without unwarranted interference or forced shifting. The RWA has to allow free passage of ambulances and emergency services at all times of the day. Therefore, keeping the main circular road closed for hours is not reasonable and can be challenged in the court.

Legality of Forcible Shifting of Your Vehicle
Making you move your vehicle without notice, consent, or alternative arrangement would probably be against the law. The RWA must ensure to also offer adequate alternatives. Such conduct might contravene the society's own bye-laws or the Maharashtra Ownership Flats Act (MOFA) or equivalent state legislation applying to housing societies, which require honest and equitable management of parking.

Recommended Legal Action
Reference the conditions of your parking allotment and society bye-laws to ensure your rights and obligations of the RWA.

Write a formal complaint to the RWA, mentioning your status as a senior citizen, medical emergency requirements, and right to paid parking. Ask them not to disturb your parking space.

You can invoke provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which protects senior citizens' rights to property and peaceful living.

In case the RWA continues, send a legal notice via an attorney requesting the stoppage of forcible changing and hindrance.

You can go to the Consumer Forum or Civil Court seeking enforcement of your rights, alleging harassment and breach of contractual rights.

In case of obstruction of ambulances or emergency access, you can also lodge a police complaint for obstruction of emergency services.

Record all cases of forced relocation, road blocking, and any medical emergencies arising out of delay.

Anik Miu
Advocate, Bangalore
10579 Answers
123 Consultations

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