I wish to introduce myself as Sonu Sushil Sharma staying in mumbai residing in j b nagar Andheri East.Sir my parents are 20 years residents of Girishikhar society my dad recently purchased a car 1.5 year back in my name which is being parked in the building premises for which we pay parking charges monthly as we have a open parking.
Now all of a sudden some members are creating issues saying the car cannot be parked as I am married and I should take the car along with me whereas the car is in joint name with my dad Mr Sushil k Sharma my Aadhar card also bears the same name n Girishikhar address on it.
Please advice what should I do and is there is nethng illegal what I’m doing.
I C Naik
Dear Sonu
Such issues come up because of lack of education about democratic functioning of housing societies. Parking Rules are governed one by the requirements of the registered bye-laws of the concerned housing society. These Bye-Laws empower the General Body Meeting to make rules on matters not covered under Bye-Laws but members find it necessary to specify and in some matters Bye-Laws also require General Body Meeting to make rule about for example Parking Charges.
So for this reason “some members are creating issues saying the car cannot be parked as I am married and I should take the car along with me”
On a question “Whether you should take the car with you to your in husband’s house” is outside the scope of decision making in the General Body Meeting.
The answer to be found is whether the rules framed by General Body Meeting cover your car just as the other cars are parked. If no definite answer is available as per Bye-Laws or as per General Body Meeting Rules, it is a case for General Body Meeting to amend the parking Rules.
So whether what you asking for is legal or illegal is not an issue. So you can write about the views of a section of members causing embarrassment to you and your dad, to the Secretary / Chairman and request for ruling on the matter and if the rules required modification request them to place the matter in the next General Body Meeting and if those “some members” are restless, better the Chairman convene a Special General Body Meeting to discuss and take a call based on majority decision.
