Parking Policy for a CHS
Parking Policy for a CHS
The parking places are to be allotted by the Managing Committee in accordance
with the guidelines set out in the registered bye-laws of the society subject to any
rules made by general body meeting..
Bye-Law No 78 to 84 contains rules applicable to parking and these are binding
on all members and the Managing Committee must work accordingly. Any
decision contrary to any of these Bye-Laws is invalid and not binding.
Bye-Law No 79 reads as under: ‘No member may be entitled to utilise more
parking spaces/stilts than what is allotted to him by the Committee /Builder’
implying that one member may be allotted more than one parking space.
Though Bye-Law No 81 indicates one parking per member, it does expressly
provide as under;
If any stilts or parking spaces remain un allotted for want of applicants for
allotment, a second or third stilt or parking space may be allotted to the same
member who has earlier been allotted the stilt or the parking space. Such
allotment of 2 nd or 3 rd stilt/parking space should be made on year to year basis,
provided the same is not required by another member, who is not allotted even a
single stilt/parking space.
Bye-Law No 83 sets the procedure to take decision on Application for parking,
namely, The member, desiring to have a stilt or a parking space, may make an
application to the Secretary of the society giving necessary details.
The procedure for disposal of application for permission under this bye-law, as
laid down under the bye-law No. 65 shall be followed by the Secretary and the
committee of the Society. Step (c) requires the society to place the application
before the managing committee for decision.
1. WHO OWNS THE CHS PARKING SPACE ?
a) The CHS "Solely" owns the common spaces (Stilt, Open or whatever)
b) The members DO NOT own the common spaces (Stilt, Open or whatever)
c) Allotment of Parking space is a "Administrative function" and "ONLY & ONLY"
the MC has jurisdiction & is empowered to allot the parking space allotment to its
own Registered members
d) The GB is not empowered to decide or allot parking spaces.e) Registered
members include family members and associate members
f) Parking is NOT a RIght of the member and at the most can be an extended
humanitarian facility to the CHS members.
g) Tenant's are Nominal Members AND HAVE NO RIGHTS OF A REGULAR
MEMBER, which includes having NO RIGHTS of parking in the CHS premises.
However, at the discretion of the MC, parking can be an extended humanitarian
facility to the nominal members.
h) Parking area is not covered under Floor Space Index (FSI) and hence is not
saleable, as upheld by the Supreme Court in the case of Nahalchand vs. Panchali
CHS.
2. CAN THE MC REFUSE TO ALLOT PARKING SPACES to its members ?
a) Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as
sanctioned by the civic body (like BMC)
b) AND under the Development Control rules (DC rules)
c) AND under the Fire Act rules
d) The MC is bound to "NOT" violate the LOP & DC Rules & Fire Act rules,
regarding the way common spaces are to be maintained.
e) IF the MC strictly goes, by all the Laws, then the MC may refuse parking spaces
to ANY & ALL of its CHS members, due to the various parameters of various
Laws.
3. WHAT IS THE TYPICAL PARKING CHARGES LEVIED BY CHS ?
a) Only the First Registered member / Associate member may attend GB
meetings, Propose & Second the agenda resolutions, for the rules applicable to
themselves.
b) The Nominal member CANNOT attend GB meetings or Propose or Second or
Resolve or vote which includes Parking charges.
c) Parking charges may be determined amongst the GB members, directing the
MC to implement the GB directions.
d) Parking "charges" are not equivalent to Parking "penalty" for violations of
Parking spaces & usages.
e) Parking charges may be from 10/- to 10,000/- or anything per vehicle, per
month, BUT as decided by the GB, BUT this is again applicable "ONLY" to
Registered members including his family members and associate members.
f) Nominal member is not a Registered member. Hence parking charges do not
apply to him. Hence Parking space can be denied to Nominal members, even if
parking space is alloted to a Registered members including his family members
and associate members, since Parking space is not a right granted to the
registered members.
4. WHAT IS A "PENALTY"
a) Penalty is a "Fine" for violations of the CHS rules & conditions "AND"
resolutions passed in the GB directing the MC to implement the GB directions
applicable to themselves.
b) Penalty amount may be Pre-fixed and decided by the GB.
c) However, by virtue of elections, u/s 73, the MC has been
granted discretionary powers to levy Penalty for "any other violations" by the
CHS Members, Staff, etc. Such Penalty amount can be spontaneously decided &
implemented by the MC without taking the GB approval.
d) In case of dispute of Penalty amount levied by the MC, the member may
approach the Deputy Registrar of Coop. Socieites for redressal of his grievances.
5. RESPONSIBILITY OF PARKING SPACES.
a) The MC is responsible for the upkeep & safety of the Parking spaces and for
the safety of the members Parked vehicles.
b) By law, the MC cannot say "Parking at owners risk". This is invalid under the
Law.
c) The member who parks his vehicle with the permission of the MC and pays
Parking charges, can file Civil Cases, Criminal Cases and Consumer Court cases,
against the CHS, for ANY "Negligence & Deficiency" in parking facility, vehicle
damages etc.
d) The MC is liable to provide Common area lights, Security services to the CHS
common areas, Sweeper charges to the parking area, path-way repair &
maintenance etc.
6. CAN PARKING DEPOSIT BE COLLECTED?
a) Parking space is a Common area and Deposit for Parking space cannot be
collected, even if passed by the GB.
b) However, by Law there is no restrictions as yet, on Parking Deposit, but
subject to mutual consent by ALL members.
c) Deposit means refundable, interest free, or whatever.
7. HOW TO ALLOT PARKING SPACES
a) Depending on the number of lawful Parking spaces (under Corporation rules)
and number of member vehicles, Parking space may be
tentatively allotted on yearly Rotation usage system, which depends on cyclic
First Apply First Allotment system, or
Retiring a certain amount of members every year, as decided by the General
Body, and that space allotted to other members in the waiting list.
b) More than one parking space may not be allotted to a member IF
other members parking requirements are not fulfilled.
Placed for Member’s Consideration.
The parking places are to be allotted by the Managing Committee in accordance
with the guidelines set out in the registered bye-laws of the society subject to any
rules made by general body meeting..
Bye-Law No 78 to 84 contains rules applicable to parking and these are binding
on all members and the Managing Committee must work accordingly. Any
decision contrary to any of these Bye-Laws is invalid and not binding.
Bye-Law No 79 reads as under: ‘No member may be entitled to utilise more
parking spaces/stilts than what is allotted to him by the Committee /Builder’
implying that one member may be allotted more than one parking space.
Though Bye-Law No 81 indicates one parking per member, it does expressly
provide as under;
If any stilts or parking spaces remain un allotted for want of applicants for
allotment, a second or third stilt or parking space may be allotted to the same
member who has earlier been allotted the stilt or the parking space. Such
allotment of 2 nd or 3 rd stilt/parking space should be made on year to year basis,
provided the same is not required by another member, who is not allotted even a
single stilt/parking space.
Bye-Law No 83 sets the procedure to take decision on Application for parking,
namely, The member, desiring to have a stilt or a parking space, may make an
application to the Secretary of the society giving necessary details.
The procedure for disposal of application for permission under this bye-law, as
laid down under the bye-law No. 65 shall be followed by the Secretary and the
committee of the Society. Step (c) requires the society to place the application
before the managing committee for decision.
1. WHO OWNS THE CHS PARKING SPACE ?
a) The CHS "Solely" owns the common spaces (Stilt, Open or whatever)
b) The members DO NOT own the common spaces (Stilt, Open or whatever)
c) Allotment of Parking space is a "Administrative function" and "ONLY & ONLY"
the MC has jurisdiction & is empowered to allot the parking space allotment to its
own Registered members
d) The GB is not empowered to decide or allot parking spaces.e) Registered
members include family members and associate members
f) Parking is NOT a RIght of the member and at the most can be an extended
humanitarian facility to the CHS members.
g) Tenant's are Nominal Members AND HAVE NO RIGHTS OF A REGULAR
MEMBER, which includes having NO RIGHTS of parking in the CHS premises.
However, at the discretion of the MC, parking can be an extended humanitarian
facility to the nominal members.
h) Parking area is not covered under Floor Space Index (FSI) and hence is not
saleable, as upheld by the Supreme Court in the case of Nahalchand vs. Panchali
CHS.
2. CAN THE MC REFUSE TO ALLOT PARKING SPACES to its members ?
a) Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as
sanctioned by the civic body (like BMC)
b) AND under the Development Control rules (DC rules)
c) AND under the Fire Act rules
d) The MC is bound to "NOT" violate the LOP & DC Rules & Fire Act rules,
regarding the way common spaces are to be maintained.
e) IF the MC strictly goes, by all the Laws, then the MC may refuse parking spaces
to ANY & ALL of its CHS members, due to the various parameters of various
Laws.
3. WHAT IS THE TYPICAL PARKING CHARGES LEVIED BY CHS ?
a) Only the First Registered member / Associate member may attend GB
meetings, Propose & Second the agenda resolutions, for the rules applicable to
themselves.
b) The Nominal member CANNOT attend GB meetings or Propose or Second or
Resolve or vote which includes Parking charges.
c) Parking charges may be determined amongst the GB members, directing the
MC to implement the GB directions.
d) Parking "charges" are not equivalent to Parking "penalty" for violations of
Parking spaces & usages.
e) Parking charges may be from 10/- to 10,000/- or anything per vehicle, per
month, BUT as decided by the GB, BUT this is again applicable "ONLY" to
Registered members including his family members and associate members.
f) Nominal member is not a Registered member. Hence parking charges do not
apply to him. Hence Parking space can be denied to Nominal members, even if
parking space is alloted to a Registered members including his family members
and associate members, since Parking space is not a right granted to the
registered members.
4. WHAT IS A "PENALTY"
a) Penalty is a "Fine" for violations of the CHS rules & conditions "AND"
resolutions passed in the GB directing the MC to implement the GB directions
applicable to themselves.
b) Penalty amount may be Pre-fixed and decided by the GB.
c) However, by virtue of elections, u/s 73, the MC has been
granted discretionary powers to levy Penalty for "any other violations" by the
CHS Members, Staff, etc. Such Penalty amount can be spontaneously decided &
implemented by the MC without taking the GB approval.
d) In case of dispute of Penalty amount levied by the MC, the member may
approach the Deputy Registrar of Coop. Socieites for redressal of his grievances.
5. RESPONSIBILITY OF PARKING SPACES.
a) The MC is responsible for the upkeep & safety of the Parking spaces and for
the safety of the members Parked vehicles.
b) By law, the MC cannot say "Parking at owners risk". This is invalid under the
Law.
c) The member who parks his vehicle with the permission of the MC and pays
Parking charges, can file Civil Cases, Criminal Cases and Consumer Court cases,
against the CHS, for ANY "Negligence & Deficiency" in parking facility, vehicle
damages etc.
d) The MC is liable to provide Common area lights, Security services to the CHS
common areas, Sweeper charges to the parking area, path-way repair &
maintenance etc.
6. CAN PARKING DEPOSIT BE COLLECTED?
a) Parking space is a Common area and Deposit for Parking space cannot be
collected, even if passed by the GB.
b) However, by Law there is no restrictions as yet, on Parking Deposit, but
subject to mutual consent by ALL members.
c) Deposit means refundable, interest free, or whatever.
7. HOW TO ALLOT PARKING SPACES
a) Depending on the number of lawful Parking spaces (under Corporation rules)
and number of member vehicles, Parking space may be
tentatively allotted on yearly Rotation usage system, which depends on cyclic
First Apply First Allotment system, or
Retiring a certain amount of members every year, as decided by the General
Body, and that space allotted to other members in the waiting list.
b) More than one parking space may not be allotted to a member IF
other members parking requirements are not fulfilled.
Placed for Member’s Consideration.
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