Parking Rules in a cooperative HSG SOC in Mumbai

Hi,

Could any body help me out with an online book on the bye laws of a HSG SOC?

I have recently purchased a car on my name and wish to park it the premises of the society. The flat in which I reside is registered in the name of my father’s brother.

The owner of the flat (my fathers brother ) has giving a letter stating the requirement of parking a car in the society, however the secretary has not agreed to it stating that the law is only if the car is registered on the Flat owners name he is allowed to park in the society.

My question is:

1. Is there such a law
2. Can a law of this nature be passed in the AGM?

1. There is no such law the the vehicle should be registered in the name of the CHS member.

2. The CHS member may take a vehicle on rent / lease / company car / friends car / relatives car and park in the society.

3. It is not the business of the CHS to check the vehicle papers. The only business the CHS has is to collect parking charges that may be defined by the GB.

4. Any vehicle/car of one of the "family member" (as defined in the bye-laws) can be parked on the parking slot alloted to the member and the CHS has no jurisdiction to refuse such parking space (if available). Complain to the coop registrar against the MC, for redressal of such parking issues.

Keep Smiling .... Hemant Agarwal

Thanks hemant. But can a rule be passed in the AGM that only cars who are on flat owners names are allowed to be parked within the society? The bye laws state as below:

Eligibility for allotment of stilts or parking spaces

82. A member, having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. 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 2nd or 3rd stilts/parking space shall 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.


In case, the number of vehicles of eligible members are in excess then the available parking space/stilts the managing committee. It allot such parking space /stilts by “lot” on yearly basis.


Will the above law (especially the part that i have marked in bold) create a problem for me if i raise this legally?

for CMARTS:

1. IF the bye-laws itself provides provisions related to parking, THEN obiviously you have to follow it, since the bye-laws are a guidance under the MCS Act.

2. Any resolution passed by the GB or the MC, which is in violation of the MCS Act, is automatically Null & Void.

3. You are living in a civilised and democratic INDIA, where the law has provided unlimited number of rights to its citizens. IF you are not courageous enough for such small issues, then it is best to remain indoors with a patiala peg and let the dictators (MC) do what they want to do in YOUR society. Next MC will object to the type of under-wear you are wearing.

Keep Smiling .... Hemant Agarwal