We are a co-operative society in Mumbai, Maharashtra, occupying since 2003. Society was registered in 2006.
Society has 56 members, but the flats are paired in twos. Although separate 56 agreements are done with the builder, but two flats are used as one group.
As such there are 27 groups. But society has 23 parking space. And builder has sold the stilt (9) and open 14 parking spaces to the members. Every member had a choice of whether to buy a parking space or not. Few members opted out for reasons best known to them.
Now the problem is that while they want to sell their flats, the value offered is considerably less due to the fact that they don’t have a parking space. Because of this, these members are not agitating and asking for parking space in the society.
The members of a managing committee got influenced by this and decided to make more parking space by cutting into the existing space and also using some mandatory space left near the gate under DC rules.
They could generate two such parking spaces, but there was a need for three.
The third need was made good by allowing a space near the periphery of the building on the back side (against the DC rules).
Now the real trouble started. One of the member after getting the space has sold the flat to an existing member who has a parking space. So the society has refused this member second parking space which was near the periphery of the building.
This member has started troubling the society by parking his car anywhere in the society, including near the portico entrance.
This member has also gone to the registrar complaining that all parking lots to be disqualified and all lots to be again given on lottery system.
All members who have paid the money are are owning the Parking are disturbed.
I C Naik
Though the Supreme Court of India has held that builder had no right to sell parking spaces and the society is to manage the parking spaces as tts own property in accordance with Bye-Laws. The Consumer Court has ruled in one case that the society in general body meeting can make rules about parking. Even if the builder has sold parking spaces the society can rescind those same deeds as the sales were void ab initio.
This problem has not got solved because the Commissioner for Cooperation and the Registrar of Cooperative Societies Maharashtra, Pune has recognized the illegal sale purchase of parking slots by builders while drafting the Model Bye-Laws. Your CHS must have registered 2001 Model Bye-Laws and its Bye made in Bye-Laws Nos 78- 85 lays down an understanding on parking as a binding contract inter se all the members. If a 2/3 majority members can agree on a different formula on parking changes can be made in Bye-Laws to insert their formula. Till then Bye-Laws are supreme. So Purchase (Rs 150 max,) a copy of your CHS registered bye Laws certified as such by your Secretary and satisfy yourself as to how far Bye-Laws need to be an can be modified?