We are a society of 100 flats. It has two buildings with stilt parking as well minus four levels of basement parking. The builder had sold parking slots one or two per flat at the time of purchase, by the way of separate agreement. During that time there were some slots that could not be sold as two but in the future could accommodate two cars, one big and one small comfortably. Now after 9 years of society formation, the new MC has sent a mail that to all members that those who are parking two cars in the allotted one slot will be charged Rs 2500 per month from next month. This is it seems an unanimous decision of the MC members. First question is, Can they charge us for the second car even when we are parking in our own slot, and the cars are well within the slot? Can they take these type of decision without the approval of GB?
If the above is legally allowed, then, what is the way forward?
Can the internal transfer of parking lots allowed between two members, by adopting a bye law?
No more questions
1) send a letter signed by majority of members objecting to decision taken by MC and request MC to place it in abeyance till AGM
2) if MC refuses requisition EGM
2) you cannot park 2 cars in one slot . The parking charges for second car appears to be exhorbitant
1) any internal transfer of parking slots can be done with consent of MC only
Firstly you must know that a builder is not authorized to sell parking spaces as individual real estate units.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas.
Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void.
Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not.
The Society can recover different rates for different types of vehicles.”
Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
The 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.
Thus charging an exr amount for parking another car in the same slot is the decision of the association taken at the DB meeting which binds all the members.
If the above is legally allowed, then, what is the way forward?
If you are aggrieved by the decision of the management committee to collect additional charges for parking another vehicle in the same slot, you may refuse to pay that and to their legal notice about this you may give a reply notice demanding the constitutional validity for this demand. Afterwards you can take legal recourse to solve this issue legally.
Can the internal transfer of parking lots allowed between two members, by adopting a bye law?
The bye laws cannot be adopted for any individual's desire or whims and fancies.
Any bye law has to be within the legal frame work of the local laws in this regard.
Nobody has any right to exercise their power in the meeting to enforce their desire to make a ruling suiting to their benefits.
The decision taken against the interest of the members are generally considered as invalid and illegal.
The demand is prima facie illegal unless there is a clause in the agreement or sale deed to this effect. One is free to park both his cars within his slot. Respond to the notice through your lawyer and refuse to pay the demanded amount. If the MC files for recovery then you may contest it fittingly.
