FAQs on Parking in a Co-operative Housing Society:

FAQs on Parking in a Co-operative Housing Society:

1) QUESTION: WHO OWNS THE CHS PARKING SPACE?

ANSWER:

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 the MC as well as General Body are empowered to allot the parking space to its own Registered members

d) Registered members include family members and associate members

e) Tenant’s are Nominal Members and have no rights of a regular member, which includes having no rights of parking of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended as humanitarian facility to the nominal members.

f) Parking area (Stilt, Open or whatever) 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.

g) The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the
various BMC & Fire act rules and has got no force of law, in Court of Law.

2) QUESTION: CAN THE MC REFUSE TO ALLOT PARKING SPACES TO MEMBERS ?

ANSWER:

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 not to violate the LOP & DC Rules & Fire Act rules, regarding the way common spaces are to be maintained.

3) QUESTION: WHAT IS THE TYPICAL PARKING CHARGES LEVIED BY CHS?
ANSWER:

a) Parking charges may be determined amongst the GB members, directing the MC to implement the GB directions.

b) Parking “charges”are not equivalent to Parking “penalty” for violations of Parking spaces & usages.

c) 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.

d) 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 allotted to registered members including his family members and associate members, since Parking space is not a right granted to the registered members.

4) QUESTION: WHO IS RESPONSIBLE FOR MAINTANANCE OF PARKING SPACES?

ANSWER:
a) The MC is responsible for the upkeep & safety of the Parking spaces and for the safety of the members Parked vehicles rwsonable precautions may be taken by MC.

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…

5) QUESTION: CAN PARKING DEPOSIT BE COLLECTED?

ANSWER:

a) Parking space is a Common area and Deposit for Parking space cannot be collected, even if passed by the GB.

b) MCS RULE 39 restricts rights of society to raise funds.

c) Deposit means refundable, interest free, or whatever.

6) QUESTION: HOW TO ALLOT PARKING SPACES?

ANSWER:

a) Depending on the number of lawful Parking spaces (under BMC 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.

b) More than one parking space may not be allotted to a member IF other members parking requirements are not fulfilled.

Regards,

Dayanand Nene