We members have paid for the parking spaces to the Society and we have been allotted parking spaces by the Chairman & Secretary of the Society in 2004 by an allotment letter, now the MC says that we sell the flat we cannot sell the parking lot !
The recognition of members having paid for the parking is seen in Bye Law No 78(a) with 78(b) also recognizing Committee’s prerogative to allot the unsold parking slots.
In the meanwhile judiciary rejected the builder’s prerogative to sale the parking as the space in 2010 ,was jointly owned by the housing society and the builder had no legal right. But the Model Bye Laws 2009 [in the Bye Laws 78(b) indirectly recognized this position without saying so] and even proposed model 2013 recognizes sale of parking as builder’s prerogative [In Bye Law No 80 in these words ”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”
Is the judgement with retrospective effect or prospective effect ?
I C Naik
Judgment is applicable parking sold and unsold. Its implementation in respect of sold flats is difficult (impossible) where majority members have bought the parking from builder. The reason is as per one judgment of Consumer Court CHS can pass a resolution to take charge of all parkings and make fresh allotments as per Bye laws. With majority having paid parking this resolution will not go through. Society allotted parking can not be sold. If the flat is sold, allotment is reversed.
