Clarification on Model Bye laws

Clarence Rodrick

I would be much happy if you could help with a clarification on the applicable rule on the Model Bye laws for Co-op. Hsg. Soc., Mumbai.

In my Society we have 28 Flats. We have around 6 such buildings in our Bye-Lane. 3 Buildings have their own underground / stilt parking.

However, 3 Buildings do not have stilt parking, neither ground parking (including our building) within the compound so we park our Vehicle in the Bye-lane. All these 3 buildings have a small compound on either side for children play area (around 20 – 25 meters in length about 5 to 7 meters in breath.

The Members want to Open a Gate at the side so that cars can be brought into the side compound. One side could accommodate around 5 cars.

My question is :

As The ground floor Flats are not on stilts, there would be a lot of inconvenience for Members staying in these Flats by way of Insecurity, noise pollution, vehicle pollution, washing of cars etc. People could just look into the houses where we have Ladies dressing etc. and the privacy is completely lost

Children’s play area would no loner exist. Instead there could be a threat by way of accidents incase cars come in and children are playing, cars while backing out could damage the building walls etc. Drivers loitering around in the compound etc.

We need your guidance in letting us know if there are any Rules in in Model Bye-laws of MCS that can stop the Members from opening the gate and bringing in cars into the compound. The compound / play area for children has not been originally allocated by the Builder for Parking.

Your help and guidance on the above would be much appreciated.

I C Naik

Parking Rules are to be framed by members in General meeting. same way the Gate management. So the matters must be discussed in Special General Meeting to be held giving notice of this business explaining pros and cons of recommendations by the Committee and let members decide by majority.

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