At the outset I would like to thank you for removing time for helping commoners like us.
I have taken a flat on rent in Mumbai, the society where i am staying is following latest 2014 model bye laws.
In a recent SGM, they have approved that tenant cannot park their two wheeler in the society compound, this in spite of having enough space.
My query is whether the society can disallow tenants to park their two wheeler?
If no, what remedy is there for the owner who wants to fight the mc on this issue ?
I C Naik
In 2014 Model Bye Law No 78 has a new clause:
“(a) The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under”
Also note Bye Law No 26 “A nominal member shall have no rights such as member.”
The sub-letting provisions under Bye Law No 43 (as extracted below) are significantly simplified, which may cause far more litigations in future:
“43. (a) A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement and copy of intimation report to the police station.
(b) No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting
Tenant’s rights are conceded by the Land lord i.e. in this case a licensor being the member of the housing society who sub-lets his/her flat to a licensee thereby temporarily transferring the rights available to him as such member and as such the Committee is legally bound to honour those rights as long as the license agreement is in force. In your case if you have a right to park a two wheeler other than the parties only Police is aware about it. The Society has no information.
Since prior permission of the Society to grant leave license by a member, having been waived, it is the duty of the member concerned to ensure that he does not concede to licensee a right which though he was entitled thereto as a member, but he could not transfer it to any person for any reason. As bye-law No 71(a) the resolution restricting parking rights to members only is binding on members. If the SPECIAL GENERAL BODY MEETING made the rules subsequent to the date of execution of License agreement, i.e. on the date when no restriction to parking tenant’s two wheeler was in place, the question is whether special general body meeting can impose restrictions with retrospective effect.
If the Society claims such right of general body meeting then the remedy is the member has to resort to the REDRESSAL OF MEMBERS COMPLAINTSas provided under Chapter XIX of the bye-laws especially make a complaint to Cooperative Court against wrong resolution of general body meeting.
If the sub-letting with parking right was done subsequent to the date of special general body meeting then tenant cannot park his two wheeler.