Shailesh
I am a member of co-operative society in Vasai.
We have disputes over an open space in our Society where cars have been parked and society is charging parking charges from last more than 7 years.
We held an AGM where it was approved that there will be reshuffling of cars in every 3 months and the cars which are parked outside the society premises will be allocated the
parking space.
Managing committee had failed to adhere to the discussion made in AGM. We as a members have reminded managing committee as 5 months where passed. Managing committee didn’t provide any positive response.
We had again written a letter to managing committee and 18 members have signed. Recently we received a letter from managing committee stating that the open space where the cars are parked does not belongs to the society until and unless Conveyance Deed is not in favour of society. We are fighting a legal case in court against the builder regarding the Conveyance Deed.
Would like to know how can a managing committee states that the open space does not belong to society and if it does not belong to society then why the parking charges are assessed. At the same why this issue was raised in AGM.
Would appreciate if you could please provide me your valuable advise.
I C Naik
Committee is wrong. As against builder the place belongs to society pending conveyance. It has been held that builder cannot take advantage of violation of law that is the duty of doing conveyance in 4 months. So for all practical purposes it belongs to Society. 18 members can go to Cooperative Court to enforce Committee to abide by General Body Resolution.
