Query from Neeta Desai

I am the member of one of the society in Mumbai (Maharashtra).  I want to know about rules for 2nd car parking.

There is ample space in our society for parking, so we have given request letter to society to allow us to park our 2nd car in premises stating that we are ready to pay 2 to 3 times more than nominal charges for 1st car.

But they denied the request stating that the law has been passed in AGM regarding 2nd car I.e. If the 2nd car has been parked over night the fine will be Rs.500/- per day.  They have charge as per fine decided. But when the law has been passed the situation was different.
I.e. Cars are more than parking lots but now situation is vice a versa.

Hence I want guidance in above matter can committee amend the rules which they have passed in AGM by taking any special meeting.

If so kindly give me the details regarding the same. Or should I take help of Registrar of Co operative society.

I C Naik

Car parking Rules are framed in registered bye laws of every society.  there are several Model bye-laws is practice and which Model has been registered can only be found out by obtaining a certified true copy thereof by paying copying charges approximately about Rs 100. This is every member’s right to have a copy. Unfortunately the knowledge about this fact is not spread in housing societies for some reason. Most queries received by me are merely because members do not know this.

Buy a copy from office of your society. Make sure it has certification by the Hon. Secretary as under:

“this is the true copy of the registered bye laws of the …….cooperative housing society Ltd and are in force to day

Sd – the Hon. Secretary

Assuming  your housing society was registered during the very first decade of this millennium, in your housing society Bye-laws following two bye-law reading as under ,wherein you can find an answer.

80. Where any stilts have been built or open space in the Society’ compound is available for parking of cars, the Society shall number the stilts or the open space in such a way that no inconvenience would be caused to any of the members of the Society. The committee shall ensure that the space is used by the members for the purpose for which it is allotted to them.

81 “A member, having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any stilts or parking spaces remain un-allotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2^nd or 3^rd stilt/parking space should be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space.

AGM cannot pass a law. It passes a resolution by majority of voters raising hands in favour and it in force as has been stated in the resolution, subject to minimum of 6 months.  Very important such resolution must not violate any of the bye-laws.

So the question to be answered is AGM having decided by a resolution passed as per bye-laws, to levy penalty of Rs 500 per night for second car should that resolution be reviewed? This decision to review also has to be by a resolution in general body meeting. Suppose there are a few second car owners and single car owners are in majority, they would like an open space in the compound for games etc and may not vote in favour of review itself. If more than 1/5 members of the Society are having second car they can make a requisition for convening a Special general body meeting to review “available parking space” (as mentioned I Bye Law No 80) and if a majority are in favour of increasing “available parking space”  then Bye Law No 81 will come in to play. Those who have paid penalty already levied should also examine if it was levied strictly in accordance with Bye Law No 166 which lays down a strict  procedure for levying penalty.

So one can successfully claim if it can be proved that the procedure was not diligently adhered to. If you have any question / doubts do not hesitate to write to me. Do not avoid buying a copy of the registered bye laws of your housing society.