'There cannot be any discrimination among members'

'There cannot be any discrimination among members'

CAN THE SOCIETY PREVENT SHOP OWNERS FROM PARKING PERSONAL CARS?
In the AGM a resolution has been passed debarring me to park my personal car in the compound of the society, as I am a shop owner member, failing which a penalty of Rs.1000 will be charged. Is this resolution discriminatory?
–F. Sayani
Any resolution passed by even the general body, which is contrary to the provisions of bye laws of society, MCS Act and the Rules or the Government Notifications are not legally valid and binding on the members. There cannot be any discrimination amongst the members on the basis of the ownership of the flats or shops. The parking spaces have to be allotted by the society, as per the provisions of model bye-law No.78 to 85.

WHAT IS THE LIMIT FOR LEVYING NON OCCUPANCY CHARGES on A MEMBER?
I understand that the society can charge 10% of service charge as non occupancy charges from the members, who have given their flats on lease. Kindly suggest the method of arriving at this figure. We are currently charging 10% of our monthly maintenance, is this in order?
–Secretary of a Society
The society can charge non-occupancy charges as per the decision of the general body, but subject to a ceiling of 10% of the service charges, the break-up of which is given in model bye law No.68, which include the expenses running for the society, electricity charges, audit fee etc., but these charges do not include the property tax or the expenses on the maintenance or the repairs of the building of the society.