Special Issues

Part 2

(i)      Parking Charges

As per Bye-law No.84, every member who has been 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 whether he actually parks his motor vehicle or not. Where a member has been allotted more than one stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space.

The charges for parking space should be reasonable and not extraordinarily high. It should be remembered that a society has a right to hike these charges form time to time. Such an increase can be brought by passing the relevant resolution at the General Body Meeting.

The society can also recover parking charges from a guest for parking his car in the compound and it has full authority to do so.

(ii)    Model Rules

Every Society should form rules for any problems arising from parking.

(iii)         Issues & Relies

Q.1 A member, who is allotted parking space in the compound, refuses to park his car in the open space allotted to him. What could the society do in such an event? Is there any law or act (or RTO’s rules or society’s bye-laws) which can be helpful to the society to teach him a lesson?

Ans.     The open space in the compound of the society is the common property of the society and the society can regulate its use. As some of the members of the society have vehicles, the society tries to extend facility of parking cars in the compound of the society and in order to enable all the concerned members to enjoy the facility peacefully without causing inconvenience to others, marks the parking spaces and allots them to the members. The members who have been allotted parking spaces have to park their cars in the parking lots allotted to them. If any member does not follow the discipline, the managing committee can consider his case and decide to prohibit him from parking his car in the compound of the society. No rules of the RTO operate in the case of a co-operative housing society nor is there any directive in this behalf.

Q.2 Lift Charges and Use

Ans.(i) Basis

Housing Co-operative Societies have always been worried about one major factor, viz., the recovery of lift charges and the use of the lift.

Those who reside on the ground/first floor or do not use the lift as well as shopkeepers in a society building have strenuously opposed any payment towards lift maintenance. The simple argument put forward is that they should not be expected to pay for that which they do not use. This argument however bears no weight. Under Section 69(a)(iv) of new model Bye-laws, it is clearly mentioned that all members should bear lift expenses equally. It is further clarified that payment should be made by all members whether or not they avail of the lift facility.

 (ii) Action on defaulter

If a member does not pay the full maintenance including lift maintenance, the society can serve a notice upon such a member under section 101 of Maharashtra Co-operative Societies Act.

(iii) Regulating Operation

The managing committee can lay down guidelines for

(a)    Stipulating the number of persons to be carried in the lift.

(b)   Prohibiting members from carrying heavy articles such as refrigerators, air conditioners, cupboards etc. in the lift.

(c)    Regulating hours of usage of the lift. (Refer Bye-law No. 168).

Q.3 Repairs of the terrace

It is the duty of the society to get the terrace repaired. However when the society is fails to do so the individual member of the society may of his own accord, carry out repairs to the terrace after giving proper opportunity to the society. He can claim expenses form the society.

Tardev Air-condition Market Building C.H.S Ltd. v. Kishinchand 1986 C.T.J. 599 (BOM . H.C.)  

Q.4 Exchange of Flats

As per Bye-law No.41 the members desiring to exchange their flats, shall make a joint application to the Secretary of the society. The application must have the following details:

(i)            The names of the members concerned

(ii)                The distinctive numbers of their respective flats

(iii)               The carpet area (in sq. meters) of their respective flats

(iv)              The building number/numbers or name/names of the building/buildings in which the respective flats are situatedThe reasons for exchange of flats.