Dipti Mande
We have builder allotted parking, now the society is deciding to close one of the society gates (for cost cutting) & move all the parking to the underground parking area. If we are not willing to change our allocated parking, can we oppose the decision of society? We have purchased the parking from the Builder.
I C Naik
As per Supreme Court decision Parking sold by Builder were contracts executed by the Builder without authority to do so because parking slots are not flats and belong to the society. Any decision of the General Body Meeting about these parking is binding on members. The Committee can take action pursuant to a majority decision of the General Body. At the same time model bye laws having recognised the parking allotted/sold by Builder, GBM cannot take any decision in conflict with the Bye Laws. So unless the Bye Laws are amended resolution of GBM has no effect.