Special Issues

Part 1

v     Parking Problems And Charges

(i)     General

In almost every society the maximum numbers of fights are over car parking and over charges for car parking.

Where any stilts have been built or where open space in the society’s compound is available for the parking of cars or any other vehicles, the society should allot the stilts or the open space in such a way that no inconvenience would be caused to any of the members of the society. It is the duty of the committee to observe that the space is used by the members for the purpose for which it is allotted to them.

The entire parking space belongs to the society and the society will have the right of allotment of these spaces. A member has no ‘transferable’ interest but only a ‘restricted’ interest in the parking space allotted to him.

The society has a right to take back the parking space from a member and a member cannot establish his permanent right once the space allotted to him. The Bombay Rent Act is not applicable to a society.

A member who owns a car or is given one by his employer, firm or company is allotted one stilt or parking space. As per Bye-law No.81, a member may become eligible for a second/third stilt/parking space in the event of any stilt/parking space remaining unallotted for want of application for the same. Such allotment of 2^nd or 3^rd stilts/parking space shall be made on a year to year basis provided the same is not required by another member, who has not been allotted even a single stilt/parking space.

Further, as per Bye-law No.82, in case the members of vehicles of eligible members are in excess of the available parking space/stilts, the managing committee shall allot such parking space/stilts by “lot” on a yearly basis.

(ii)         Garage A member has a right to park any number of cars in a closed garage. As such the society cannot recover higher charges from the member by writing to him that more than one car has been parked in his closed garage.

A garage can be used only for parking a car other vehicles like a bicycle, motorcycle, tempo etc. and it cannot be used as a godown to store various items. If a society raises an objection, about using the garage as a godown, the society can take steps against that member and prevent him from using it as a godown.

If the owner of the garage makes an application to the society requesting that he be allowed to open a shop, or an office or a dispensary, then the society may give thought to such an application and if the member secures permission from the Municipal Corporation/local body then the society may allow such garage to be used for business purposes. But it should be remembered that by giving such permission if the ratable value of the society goes up, the additional amount which a society has to bear can be recovered from the garage owner.

A society has full right to give shares to garage owners and the garage owner may also participate in the discussion by attending the meetings. Not only that, he may also vote at the annual general meeting or at the special general meeting.