I need advice on the below.
I am currently residing with my parents for the last 11 years since my husbands death along with my son in a cooperative society.
The flat is registered in the name of my Mother. I am not an Associate Member .
I have recently bought a car in my name and my mother being a member had applied to the Society for a parking space in the society premises.
The Managing Committee refused the request on the below grounds:
ØParking Space is allotted only to registered Members of the Society and Associate Members.
ØNon Availability of Parking Space in the society.
ØThis is as per rules framed and parking rules discussed and agreed upon by the MC in the General Body Meeting in accordance with the Act and rules as per the Co-operative Society act.
We have been given to understand the the Registered Members comprises on the Member and his immediate family Members ie: Son/Daughter/Daughter in Law/Son-in Law and grandchildren. Based on this argument can the MC deny me a parking space?
In addition to this there are around 5-6 Members/Associate Members having one flat but occupying 2 parking lots in the society premises,while we have to park our car on the road.Can a member having one flat be alloted 2 parking spaces when the registered member is denied the parking space on the grounds that the car is in the name of a married daughter and who is not a member/associate Member.
Can such a rule be passed by the MC or General Body of the society and have it as a bye law for the said documents. Incase this rule is passed and the committee is using this bye law is it legal? Does the Maharashtra co-op act have such rule.In case any bye laws are made by the society does it have to be registered before implementing the same.
Can you please advise me if I am eligible for parking my car in the society premises since I am staying with my parents and they are dependant on me and also can the MC pass such a bye law which says that the vehicle should be only in name of the registered Members/Associate members and if any family member residing with the Registered member who is not an associate member does not have the right to park the car in the society premises.
Please note that all my documents w.r.t Passport/Adhar card/Bank etc are in the address of my parents as I am living with them.
Could you please advise as I need to connect with the MC and would need some basis incase I need to put forward my Justification.
P::S This flat is in Mumbai and is governed under the Maharashtra Act.
I C Naik
Unfortunately the managing committee is evasive on reason for not allotting car parking by giving two reasons. We have to defy both these reasons to get parking space.
1.Parking Space is allotted only to registered Members of the Society and Associate Members.
2.Non Availability of Parking Space in the society.
If the Second one is factually correct, no way managing committee can help howsoever it is compassionate for your cause. But the statement itself can be challenged whether it was in fact a correct one. We revert to this later as it depends a lot on what registered bye-laws provide. Bye-Law No 78-85 provides directions to the Committee as to how to handle parking spaces.
As for Associate membership it appears that the CHS where you live has registered its bye-laws on 2001 Model. [If you were to apply for getting copy of the same under your mother’s signature costs Rs 100 approx .] . You can join the society as Associate member as per Bye-Law No 19(b) making application in prescribed format appended to registered bye-laws by paying Rs 100/-.
Now we can revert to availability of parking spaces.
3.You (as Associate Member) can thereafter request the managing committee by a letter through Secretary, to invoke provisions of Bye-Law No 82 reading as under: “In case the number of vehicles of eligible members are in excess of the available parking spaces/stilts, the Managing Committee shall allot such parking spaces/stilts by ‘lot’ on yearly basis.”
You can also request for invoking Bye-Law No 81 reproduced in a readable manner:
- 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 2nd or 3rd 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.
It appears that there is some ego problem and your winning may not be taken kindly. So as a preventive measure study the Bye-Laws well and then decide the course of action. Odds are on the opposite side as I can see. So go ahead.
