Car Parking in Society for Tenants must be provided
By Dr Sanjay Chaturvedi
Members are been charged Non-Occupancy Charges if they give their flats on Rent. With due permissions and notifying to society about the intentions, members are right fully assigns the right to live in on behalf of the members them shelves.
Car parking is an essential amenity along with Flat, as decided by Bombay High Court.
Society, since charging non occupancy charges, cannot deny parking to tenant of the members. It has to honor the same privileges and services as if given to its member. The member is paying for all the charges plus the Non-occupancy charges over and above the normal bills. The rule says and various Supreme Court judgment says the Non-Occupancy Charges should not exceed Ten percent of the maintenance charges.
Many societies have told members that they will not allow parking to tenants in spite of member eligible for parking either purchased by him from builder and society later ratified it or as per the parking policy of rotation or otherwise. This is illegal. The right of member to stay is honoured then why not facilities and amenities. The parking is facility attached to the flat and not the member. Hence who soever occupy the flat in a society is eligible for parking according to the society’s rule.
“…Many societies have told members that they will not allow parking …”
Highly preposterous and strongly objectionable as an unlawful practice . The MCs of such societies should be told point blank that not allowing car parking to members or lessees is in violation of the basic right to enjoy the common facilities, alike, with no discrimination. Failure to listen and act accordingly should be suitably exposed; if so called for, through legal course of action, the first authority to be approached should be the ROCS, empowered to settle such in-house disputes.
Sir,
How many parking can one flat owner can have. Our society has alloted two parking for aone flat owner as tha said flat was in builders persons custody ( With proper registration ) he was having 2 parkings & sold them to current owner.ca n society allow for such transactions . Pls reply.
Hi Dr. Chaturvedi – I am staying as a caretaker in my cousin’s flat for the last eight years. This fact was informed to the society with a written letter and was duly accepted. I have been parking charges from my own bank account to the society and have been parking my car inside the compound of the building. Now the soceity has come up with the rule that tenants will not be allowed parking, and they have forced me to park my car outside, since I am not a owner, neither a tenant. According to your post, the society cannot deny parking to tenants. Is it the same for caretakers? Also is there any legal document from the ROCS (bye laws, court judgements) regarding parking rules. Please help me out as I am in a lot of duress. I travel frequently outside and the cars are not safe outside in the area that I stay in. Would really appreciate your help and advice.
Dear Sanjay Sir,
One of the Housing Societies in Goregaon, Mumbai has the concept of common parking space (i.e. parking space not attached to any flat).
My Client depending on the availability sometimes gets parking inside the premises or otherwise outside the premises. Now, he is planning to give his flat on rent. But Managing Committee refuses to allow the tenant to park his car inside the premises irrespective of the availability of the space.
Can MCs do that? My Client is ready to pay parking charges.
-Thanks.
i want to know the judgement from Mumbai High Court regarding rotational car parking in the society . Model by laws says that rotational car parking should be adopted if no of vehicles are more than available parking space . is it compulsery on MC of society . If M C is not ready to accept it , is there any case law which says that it is ( rotational car parking ) mandatory . pl guide me .
Hi I am residing in this society for rent in Vasai for past 2 years. The society isn’t formed yet and I used to park my car regularly in the open area inside the building premisee. Now suddenly the builder has asked all tenants not to get their car inside the premises. When I was transferred from another city this rule wasn’t known to me. All the neccassary maintenance charges are paid to my landlord through rent. Kindly advise if that’s legal.
Car Park is mandatory amenity which must be provided. After the society is formed, society can cancell all parking allotted by builder and or ratify it. Supreme court in N L Builders case said that parking space cannot be sold or purchased.
Sir, my brother is leaving in a society on rental basis since last more than 4 years now. He is parking his car in society’s premises and paying parking charges accordingly. Recently on sudden fine day society has sent a copy of their General body Meeting saying that “The decision has been taken in the GB Meeting that hence forth, no tenant’s car parking is allowed in society’s premises.”
My query is that is the society’s decision is legal as per By Law of society.
Where can we read more about society’s rule 6236.
Thank you
A flat in our bldg is owned by a company and the relatives park 2 cars and do not remove it inspite of 2 letters sent to them even they being only mother and daughter no member would like to involve themselves in any was as they abuse in very lower way to the person who go to talk to them please suggest want should we do about this .
Sir, I want to clarify that the above article of parking for tenants in society is a supreme court ruling? Please reply asap. Thanks.
Dr. Shyam.
Sir, I want to clarify that the above article by Dr. Sanjay Chaturvedi is a supreme Court ruling?.Please clarify asap.
Thanks
Dr. Shyam
Please answer to my queries.
Dr. Shyam.
Can mc or GB pass resolution to charge double parking chaeges to members who rented his flat and tenant use open parking slot of society to park his vehicle
Yes