Can society cancel open parking of owner
Can society cancel the open parking of an owner of a flat. The Society has recently passed a rule in the AGM to cancel the parking allotted to my flat in Mumbai (which is currently occupied by the tenant) stating that there were lot of problem in parking the cars in society due to space constraints. Their reasoning is as per the open area parking policy, tenant cannot be given open parking if any member needs the same. So they have decided to issue necessary letter for cancellation of the parking to my Flat.
My question is (i) whether the owner has unilateral right on open parking – can society unilaterally cancel the owner’s parking (because tenant is residing their presently) and on what grounds;
(ii) If the owner wants to sell the said flat in future, the parking slot should be made available to the owner; and the new owner should have a right to park the vehicle.
(iii) are there any supreme court judgments which prove that a tenant cannot be evicted or denied parking / and the parking of the owner can be cancelled by the society because of the flat being occupied by the tenant.
(iv) are there any supreme court judgments which prove that a car parking allotted to owner to be used by tenant as he has full right
Kindly let me know.