In mixed-use societies comprising commercial and residential units, disputes often arise over the allocation of parking facilities and related charges. Your case raises an important legal question — can a society charge car lift fees from members who neither own a car nor have been allotted parking?
The clear answer, based on Model Bye-laws and settled principles, is No.
Parking Charges Can Be Levied Only If Parking Is Allotted
As per Model Bye-laws 84 and 85, parking charges are recoverable only from members who have been allotted parking slots. If no parking space has been allotted to a member, the society has no authority to levy parking-related charges on such member.
In your case, since:
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You do not own a car, and
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You have not been allotted any parking slot,
any parking-related levy imposed on you is illegal and arbitrary.
Car Lift Charges Are Usage-Based, Not Common Charges
A car lift is a facility exclusively used by members who park vehicles. There is no specific provision in the Model Bye-laws that allows societies to levy car lift charges as a common expense on all members.
Logically and legally:
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A member without a car will never use the car lift, and
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A member without parking has no access to the car lift
Therefore, charging car lift fees to such members is unjustified.
Ideally, car lift maintenance and operation costs should form part of parking charges, recoverable only from members who use parking and car lift facilities.
Commercial Members’ Facilities Cannot Burden Residential Members
In mixed-use societies, it is a well-settled principle that:
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Commercial members must bear the cost of facilities primarily used by them, and
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Residential members cannot be forced to subsidise such expenses.
Passing on the car lift expenses incurred for commercial units to residential members who neither own vehicles nor use parking is against the spirit of cooperative housing laws and may amount to discriminatory billing.
Need for a Clear Parking Policy
Your society should ideally have a parking policy approved by the General Body, clearly defining:
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Criteria for parking allotment
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Parking charges
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Car lift usage and maintenance charges
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Differential treatment, if any, between commercial and residential members
In absence of such a policy, arbitrary levies are legally vulnerable.
What Action Can You Take?
You may:
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Submit a written representation to the Managing Committee seeking waiver of car lift charges
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Demand a copy of the General Body resolution, if any, authorising such levy
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Request formulation of a parking policy through the General Body
If the society refuses to rectify the issue, you may:
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File a complaint with the Registrar / District Deputy Registrar, or
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Approach the Co-operative Court under Bye-law 174
Conclusion
A society cannot levy car lift charges on members who:
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Do not own cars, and
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Have not been allotted parking spaces
Such charges must be recovered only from actual users of the facility. Any contrary action is legally unsustainable and can be successfully challenged.
