I live in co-op. Housing society in Pune. I own a flat with 3 parkings purchased from the builder. I have 3 cars which I park in these places for the last 9 years.
My query is- is the society authorized to ask for the copy of the registration papers of my vehicles for issuing the vehicle pass for allowing the vehicles to enter the society premises?
Secondly, does the society have the authority to check the vehicles papers? I, presume only the RTO and police have the right to ask to show such papers.
Kindly advise and update me with the rules and authority of the society in such matter.
I C Naik
If registered bye-laws of your housing society are perused carefully (bye-law Nos 78 Model 2001) one will find two categories of the Parking slots.
- Member may hold Parking Spaces/stilt if he has purchased the same and he shall have a right to sell the same to transferee or other eligible members of the same society.
- 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.
Further reading of bye-laws 79 onwards till 85 indicates the jurisdiction of the Committee over parking lots as per Category 2 above.
Bye-law No. 80 has one sentence giving supervisory jurisdiction as it reads “ The committee shall ensure that the space is used by the members for the purpose for which it is allotted to them.” Even this does not extend to Purchased Parking as the term “allotted” is different from Purchased. Similarly bye-law No. 84 does not extend to Purchased parking and as such the Committee cannot levy Parking Charges.
As a matter of fact a wide spread practice is known to exists wherein an owner of Purchased parking can rent it out to another bona-fide member of the society if he has no immediate use.
In spite of this, not to vitiate the atmosphere you may as well how the papers as the society may advance an argument that they would like to ensure that no unregistered or stolen vehicle is parked in the Compound of the society as the Compound de jure belong to the society. Most vulnerable situation for purchased parking is what is held by the Supreme Court of India The promoter has no right to sell any portion of such building which is not `flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats.” [Para 40 of the order dated 31 August, 2010 Nahalchand Laloochand P.Ltd. vs Panchali Co-Op.Hng.Sty.Ltd. http://indiankanoon.org/doc/1405290/
