Query from Prashant Gatkal

I have two flats in the society and also have two cars. I am paying maintenance for two flats and getting two separate receipts of the maintenance paid.  Can I get two car parking as I have two flats?

 I C Naik

Going by the date of registration your society has registered bye-laws based on Model Bye-Laws 2001. If your society has adopted subsequent Model either 2009 or 2014 then it is necessary to know.

Parking is fully regulated matter as per registered bye-laws of the concerned housing society. For example as per registered bye-laws of your housing society bye-law No. 78-85;

“78(b) The allotment of parking spaces/stilts shall be made by the committee on the basis of “ First come First Served” for unsold and available parking spaces. However in case of Parking Spaces/stilts allotted by the society, the member shall have no right to sell or transfer the said Parking Spaces/stilts to any body. “

We are talking of “unsold parking”

Bye-law No. 79 “No member may be entitled to utilise more parking spaces/stilts than what is allotted to him by the Committee or he has purchased.”

 You [ as a member- your holding two flat does not make you two member ] can be allotted more than one parking. How it is done is also provided in the registered bye-laws.

Bye-law No. 81……..”No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him…..”

We have to look for abnormality to get two parking allotment.

Bye-law No. 81………….”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.

Bye-law No. 84 …..Where a member has been allotted more then one stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.

Basis of Parking allotment is membership and not holding of flat.

Unless Bye-Laws are amended to the effect that a Member having more than one flat shall have a priority of parking after every member’s request for one parking is honoured.

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