I got your email id from web site forum , I had one query request you to advise on the same.
I am staying on rental flat in one co-op. society. They had allowed me to park my two wheeler in open area of society from last two years. Society were charging double parking charges than normal members. Which we were paying them regularly.
Now in recent AGM society had decided that rental members vehicles are not allowed to park their two wheelers also within society premises. There is no space issue for parking two wheeler.
Is there any law which can help us to park our two wheelers in open area of society premises. Please advise.
I C Naik
1.Pursuant to Bye-Law No 20 every Resident in a CHS is required to apply for a Nominal membership of the society. “20. A sublettee, a licensee,or a care-taker, or occupant who/which is eligible to be a nominal member and who shall apply through original memberfor such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100 may be admitted as such member by the Committee.”
2.U/S 24(2) of the MCS Act 1960 “A nominal member shall ordinarily not have any of the privileges and rights of a member, but such a member, or an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.”
Accordingly Bye-Law No 24(b) provides that “The associate/nominal member may have a right to occupy the flat with the consent of the member and permission of the society, subject to the conditions set out by the society”
3.Bye-Law No 85 provides that “Every member having a scooter, a motorcycle, or an auto rickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of the society on payment of charges, fixed by the general body of the society as its meeting.”
Interpretation
Right to occupy a flat as referred to in Bye-Law No 24(b) may be taken to mean on a benevolent interpretation occupying a parking place on the same conditions as a member is entitled to. But it is doubtful if it is at par with the member’s right of occupancy. This is because nominal member’s occupancy right is subject to the conditions set out by the society. Thus where the society in general body meeting decides to restrict two wheeler parking to only those belonging to members such decision is permissible under the Bye-Law No 24(b) under which a nominal member is conferred an occupancy right.