Salita Naik
This mail is to introduce myself, and seek your guidance on cooperative housing society,
I am Salita Naik from Kharghar, and I had purchased two flats from the builders; post the forceful takeover of the society by some of the members I have been a victim to this clout.
They have passed on a rule that one flat one car; now I have two cars and they are stating it is one member – one car; despite there being ample space in the premises. There are around 16-17 cars and 34 parking space available. There are disallowing me and torturing me and my family for parking two cars. Needed you guidance on what should be the way forward.
I C Naik
The parking places are to be allotted by the managing committee in accordance with the guidelines set out in the registered bye-laws of the society subject to any rules made by general body meeting. I guess your society’s registered bye-laws are based on model 2009. Bye-Law No 78 to 84 contains rules applicable to parking and these are binding on all members and the managing committee must work accordingly. Any decision contrary to any of these Bye-Laws is invalid and not binding.
Bye-Law No 79 reads as under: ‘No member may be entitled to utilise more parking spaces/stilts than what is allotted to him by the Committee /Builder’ implying that one member may be allotted more than one parking space.
Though Bye-Law No 81 indicates one parking per member, it does expressly provide as under;
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 83 sets the procedure to take decision on Application for parking namely The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the society giving necessary details. The procedure for disposal of application for permission under this bye-law, as laid down under the bye-law No. 65 shall be followed by the Secretary and the committee of the Society. Step (c) requires the society to place the application before the managing committee for decision.
I your case the managing committee has taken a decision in breach of Bye-Law No 81 about 2nd or third parking. The decision of the managing committee is challengeable in Cooperative Court. You have a winning case to complaint to cooperative court about breach of Bye-Laws to your prejudice.
U/S 148(2) you have to take approval of the the Registrar of cooperative societies for launching the prosecution. At times the Registrar also intervenes and tries to avoid the dispute by bringing right pressure on erring party.