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Can housing society have different rules for tenants and owner parking?


16 September 2014 chandan, Pune

Hi,

Please advice, can society make different rules for tenants and owner for common car parking even car park space is available? My society has made rule only owner can park their car in society and all tenants have to park their car out side of society and Here tenants are paying 25 % more society charges then owner.

Related to housing society bye-laws


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Comments (84)


  1. Societyhive support
    16 September 2014

    Dear Chandan,

    As per cooperative act only members can occupy and use parking space. In case of excess parking, the committee is free to allow or alot the space to an individual resident on payment. Charge is to be fixed by the general body and is binding on the residents. I hope this helps.

    Answer
  2. Uday
    19 January 2015

    Boss;

    A co-Op Society should not & cannot DISCRIMINATE in this fashion;

    Parkign Rules are governed by the Developmental Control Rules & Fire Acts;

    If the owner is eligible then the Tenant should also get the benefit; Then there is true meaning in staying in such CHS;

    Activley at your CHS & Consumer Services;

  3. Societyhive support
    19 January 2015

    Dear Uday,

    While I personally agree to your thoughts. Unfortunately, it's not just governed by one law there are multiple rules/law that are contradictory. This includes combination of cooperative law, civil and even development control rules & Fire acts.

    Cooperative act clearly states that a society can have up to 10% higher charges for tenants. Also, the general body has lot of rights which is often not used wisely.

    Ideal situation is to work towards getting majority. In reality, most members don't even attend the general body meetings and it left with consensus of those present. In such cases, at least register your protest in writing to your society. Response from the society committee will help you take the next step. For example: having very high parking charges to cover society expenses may not stand. This is when you can contact deputy registrar (cooperative) of your area seeking his intervention. Directive from the cooperative office could help you when you do not have majority and the committee not accepting.

  4. Priya Sharma
    30 January 2015

    Mine is also bit similar problem.Our owner doesn't have any parking slot purchased. Other tenants and house owners who doesn't have parking slot purchased park their cars outside building. But as we came after few other tenants ,society secretary creating issues for our car parked. She says as we allowed them earlier ,we are still letting them to park car in open space and as we purchased car after taking this flat on rent , she is denying parking for us. And threatening us for fine. What should we do in such case?

  5. Uday
    30 January 2015

    Dear Priya Sharma & All Readers herein;

    Please obtain the CHS stand in writing and put it up; I am sure large no of memebrs herein will surely ptich in and guide you based on their experiences and understanding of the same;

    The Parking Arrangmeents will be depend on the Developmental Control Rules for Construction applicable in that partiuclar City; hence we need to have betr partiuclars on the same, the CHS & its members, current carparks and may be a letter from the CHS on its stand to further guide;

  6. Ganesh Bhat
    19 April 2015

    Hi,

    Can someone please point out in the development control rules where it says that parking for tenants is provided as a right under law?

    It is clear that parking is covered under Development Control laws for Mumbai.

    Regards,

    Ganesh Bhat

  7. Saurabh Jaisawal
    12 May 2015

    Hi,
    In Pune City all the major societies are refusing to rent out the flats to Bachelors.I want to know is there any rules by the government about this because all the societies are running there own rules.

  8. Societyhive support
    13 May 2015

    Dear Saurabh,

    There is no such rule where housing societies can stop bachelors. In fact, supreme court has passed judgement in the matter allowing single students to reside.

  9. samir bhatt
    03 June 2015

    can hosing society TAKE extra 50% maintenance from tenant compare to land lord? like landlord pay 1000 & tenant pay 1500

  10. Raja
    13 July 2015

    Actually there are DC Rules , framed under MRTP Act 1966 already in place. Also recently there was a SC order , though I do not have now, saying that the car parking allotted to owner to be used by tenant as he has full right .
    Society members specially in Pune, in Mahan Rashtra are gundas and have their own gunda rules.
    If your owner has paid for car parking and has an allotment letter from builder , tenants have all rights to keep his or her car there . No society can have their own rules. They are harassing poor tenants and owners ( who are on transferable jobs) .

    Maharashtra Govt has to come strong on this . All buildings with no enough car parking should be demolished and given to a builder who can make a bigger and better residential complex and allot one car parking to each owners .
    As on today , one car parking compulsory to be allotted for each owner . Builder cannot sell car parking, he only has to allot. If owner requests for one more car parking, then only owner has to pay extra charges .
    Pune being education hub, many come for higher studies , unaware of the problems related to rentals.

    Serious rental issues in Pune Cars , but no car parking allowed to tenants , even if owner has purchased from builder .
    Harassment by society chairman and its members to tenants - Can POLICE Help ?

    Society is formed to maintain and solve the problem and not to dictate or enforce gunda rulings on tenants or other flat occupants . But this is practically not seen in PUNE CITY .

    I am giving solution to this to Government
    Let Government come strong on this and ban Gunda Rules , fake rules made by Society members in PUNE . Best solution is to demolish all such buildings with no enough car parking area and make a new complex with 2-3 floor car parking area. This will solve all the problems in PUNE CITY .

    Hello Government : Car parking issue in Residential Co-operative Societies to be solved on PRIORITY in PUNE CITY

    We must raise our voice and let Government know what is happening in Co-operative societies in Pune.
    If any one gets a copy of any amendment or any SC order passed on this pls mail me . Thanks





  11. UdayPrabhu
    13 July 2015

    Sirs;

    I believe you are on the lookout for the Celebrated below mentioned Judgement ;

    IN THE SUPREME COURT OF INDIA
    CIVIL APPELLATE JURISDICTION
    CIVIL APPEAL NO. 2544 OF 2010

    Nahalchand Laloochand Pvt. Ltd. …Appellant

    Versus

    Panchali Co-operative Housing Society Ltd. …Respondent
    ------------------------------------------------------------------------------------------

    For copy of the orders pease click on this hyperlink & do the neeful;

    Honestly; I believe you have a strong case to file for Contemp Petition; Please contact you local Solicitor & or Advocate in proeprty matters to take it forward if you all wish

  12. Vineet
    15 July 2015

    Is there any supereme court order whereby it is mentioned that Housing Society can not discriminate between owner and tenant for parking their car within the society compound? I am recently shifted to a rented house where car parking was owened by our owener who subsequently has given his parking to me to park my car. Now Housing society is having problem in this and says that tenant can not park their car inside the premise irrespective of parking is owned by the owner. Pl suggest

  13. UdayPrabhu
    15 July 2015

    Gentlemen;

    Honestly; Car Parking Management in CHS is not an Essential Services to be provided by the CHS:

    If the society has ever charged the owner Non-Occupation Charges with Car Parking & has now somersaulted then its Discriminatory / DECEPTIVE TRADE PRACTISED in its Services.

    If the General Body has passed any Discriminatory / Unconscionable RESOLUTIONs in this fashion, then the Owner as member in conjunction with you can File a Complaint with the Registrar /Consumer Forum and seek directions from these Authorities.

  14. raja
    16 July 2015

    For information pls note that ur tenant has completed police verification and has submitted a copy of it to scty and also that rent agreement is registered. No dues are pending. Next find out if there are any standards pending or ignored by society. Like find out if completion certificate of bldg or compliance report is available with scty. Whether all rules framed by scty is given in writing to owner and any such ruling passed by scty is accepted by majority. Take all in writing from chairman of society. Then u must go to police or advocate to complain against chairman or MC. No society can differentiate between owners and tenants when scty maintenance for non occupancy charges are paid 10% extra. If all owners do not have car parking then it is not the problem of tenant or owner of flat who has paid and purchased car parking. Let scty find a solution for others and not enchroach in others property. Convert all common areas like. Children play area into car parking.. Many scty have done this after taking permission from PMC. This is the only temporary solution. Permanent solution is to demolish all such buildings and have a new plan . SC has to think and pass a order to stop harassment from chairman and MC to tenants. Gone are the days of slavery. Stand up and fight. All are equal today. Warn the scty. They cannot do anything. If anything happen to ur car complain to police and dont move ur car from front of main gate unless police comes. Ask for repairment charges from scty. Dont leave them . we can also spoil their cars. They will not dare to touch you or ur car as they also know its not easy today to trouble anyone as he can be harmful also. If they take away ur peace you can also take away there peace. Make friends with other members. Get email ids of all or post a letter to all occupants in their letter box mentioning harassment from chairman. Dethrone such people and bring new members who are open to options without encroaching others property. There is always a way if scty wishes to. If they are gundas treat them also like gundas as they won't understand other language. Enough is enough. Bang them for their negligence in maintaining scty. If I get any SC order I will post here. .

  15. Bhaskar Ramteke
    17 July 2015

    Our co-op hsg society in Versova, Mumbai had got constructed 21 flats through builder but had the provisions for only 12 parkings in the stilt area as per the approved municipal plans. Those who who have come to stay earlier have occupied these parking slots and claim to be owning the parking slots. Some of us, members of the society who came to occupy later have no recourse to parking. What is the remedy available? In a coop hsg society who should get the parking rights when the parking lots are less than the number of flats. is there any provision in the byelaw,MSC Act, any ruling of court in this regard? Please advise.

  16. UdayPrabhu
    17 July 2015

    Dear Shri Bhaskar-ji;

    The Managing Committee of your CHS seems to be working under huge Brands of EGO, Attitude with Full ignorance of Bye Laws & property Laws;
    Hence conveniently not designed the Car Parking Allotment Policy Fairly & thoroughly for Co-members on rotational basis- annually as per the Approved Model Byelaws No;78 to 84;

    The other members deprived of car Parking should object to the above said High handed lopsided manner of handling Car Parking Policy Deficiently including filing of complaints to the Dy. Registrar for Directions & other statutory authorities;

    Hope now you will be well equipped to tackle the protection of your assets

  17. G.Pattanaik
    06 September 2015

    Dear Mr. Prabhu,
    Good to read your nice clarifications.
    We in our society are facing frequent damage to the lifts due to tenants carrying heavy luggage during shifting. Can we charge some amount to the tenants/ house owner for such uses.
    Pl. clarify.

  18. Uday
    07 September 2015


    Gentlemen;

    Yes Sir; I fully appreciate your above said stand / Proposal of charging Lifting Charges for Household Furniture’s, Fixtures & fittings of tenants due to frequent changes in the tenancy / tenants; In reality tenants do pay 10% extra charges to cover the same over and above the maintenance through members, to cover such entry & exit;

    However; if you think it’s being misused / expenses beyond being within reasonable levels for lift along or it outweighs the 10% collected from tenants;
    Then, Please articulate the same & represent it in the AGM & seeking Additional Lifting Cost per trip basis /time basis & make it payable by all irrespective of who they are, at the security gate itself before making the entries of the same; be it tenants or Owners; No Discrimination please; Create a separate Fund for Lift alignment and use the same every year / time & revise it upward or downward correspondingly based on actual repairs;

    Hope this will also be good news for all members therein & cooperate to that extent too

  19. Dayanand shetty
    18 September 2015

    Sir, my building was built in 1997. I have my ownership flat but do not have a parking stilt. One of the resident owning a ownership flat has his own parking stilt lying vacant and has permitted me to keep my vehicle in his parking stilt on payment, as he himself is not staying in the said society.
    1. The managing committee has decided to impose me parking charges @ Rs. 500/- p.m. and Rs. 50/- p.m. to the owners owning car stilts. I feel this is gross injustice and discrimination. Is their any court ruling against this disparity. Any judgement wherein the Mg. Committee cannot discriminate between stilt owner and the resident who do not have a parking stilt but has a ownership flat or can i challenge this issue with the Registrar. Pl suggest
    2. Do I have to pay the parking charges to the society or the society needs to charge the owner of the stilt and inturn I will pay to the stilt owner. Please clarify.
    3. whether the Supreme Court ruling that "Parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area (Nahalchand Laloochand P.Ltd vs Panchali Cooperative Housing Society Ltd-JT 2010 (9)SC 414:2010 AIR SCW 5549)" can be made applicable in this building premises. Whether retrospective effect is applicable or it will be prospective in nature. Kindly clarify

  20. Dayanand shetty
    18 September 2015

    Sir, my building was built in 1997. I have my ownership flat but do not have a parking stilt. One of the resident owning a ownership flat has his own parking stilt lying vacant and has permitted me to keep my vehicle in his parking stilt on payment, as he himself is not staying in the said society.
    1. The managing committee has decided to impose me parking charges @ Rs. 500/- p.m. and Rs. 50/- p.m. to the owners owning car stilts. I feel this is gross injustice and discrimination. Is their any court ruling against this disparity. Any judgement wherein the Mg. Committee cannot discriminate between stilt owner and the resident who do not have a parking stilt but has a ownership flat or can i challenge this issue with the Registrar. Pl suggest
    2. Do I have to pay the parking charges to the society or the society needs to charge the owner of the stilt and inturn I will pay to the stilt owner. Please clarify.
    3. whether the Supreme Court ruling that "Parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area (Nahalchand Laloochand P.Ltd vs Panchali Cooperative Housing Society Ltd-JT 2010 (9)SC 414:2010 AIR SCW 5549)" can be made applicable in this building premises. Whether retrospective effect is applicable or it will be prospective in nature. Kindly clarify

  21. Puneet
    28 September 2015

    Dear All,

    I’m having a similar problem like above.
    I’m staying as a tenant in a CHS in Mumbai. The society has passed a resolution in AGM that member parking fees for 1st Car will be Rs 100/- , 2nd Car – Rs 200/- & 3 rd Car –Rs 300. In case of tenant parks the car the society will charge Rs 1500/- p.m.
    My landlord is ready to support me, but he is not aware how to go for it.
    1. Whether legally Society can have discrimination between Owners & Tenants other than NOC charges.
    2. Under which Sec of which act he can go to which authority and ask for relief.

    If any one of you can please help that would be great.

    Best Regards

  22. Milind Kadam
    13 January 2016

    hi,
    I recently shifted to new hsg society in Chinchwad,Pune. there are 12 flats in society. out of 6 owners have moved out and given flat on rent. the society doesn't have paid parking for owners. one particular member is insisting that I should park my car outside the society, whereas my owner has told me that I can park my car inside society premises. but one of the society members is harassing and telling us to park outside the society gate. I have informed this nuisance of the member to owner. He said to ignore the concerned member as he has tendency to pick up fight with the new tenants in the society. kindly help what can be done against the nuisance member?

  23. Uday
    13 January 2016

    Dear Shri Milind-ji;

    I can understand your predicaments in such situation;

    You need to better the particulars with the name & consitituion of the CHS so that the members in reading can also guide you.

    Please ask your owner to lodge your letter of protest with the CHS & also with the Local Police Authorities asnper details given hereunder;

    Chinchwad Police Station; TEL No; 020-2735 6766 / 2735 6768
    or Visit & lodge the same at Cahfekar Chowk, Opp Dr. Kamat Hospital, Baji Mandal, Chinchwad, Pune-33.

    & then slowly escalate it upto the Commissioner of Police - Shri Kaushal Kumar Pathak-ji;020- 2612 6296 & 020-2612 2880.

    Best of Luck in your Endeavours;

  24. lokesh moolya
    21 January 2016

    sir, this is regarding one of our member who owns two flats in our society and he has rented both of his flats but never submitted the documents,either agreement copy or police verification since i am the secretary i always reminded him verbally, but this time he has threatened me , i have even told the tenants to inform their owner to submit the documents,he threatened me that if i will go against him he will come to society and will teach every member a lesson and he has also threatened me not to trouble his tenants sir what could be done, he never deposits his monthly maintenance personally he asks us to collect it, sir please guide .

  25. Uday
    21 January 2016

    Dear Lokesh-ji;

    Appreciate your predicaments in such situation;

    Suggest, You continue your cooperation as much you can & once you find its abnormal & repeated, Inform the member with copies of the same letter to the Local Police under official acknowledgement / Online too.

    My Humble Suggestions most respectfully is that: Examine in conjunction with Geenral Body Resolutions on installation after study of the cost benefits of setting up a ID card swiping entry system for memebrs if feasible including TENANTS coupled with compulsory making all TENANTS as Nominal memebrs so that CHS can have control over their CHS affairs also;

    Best of Luck in the above endeavours

  26. lokesh moolya
    27 January 2016

    sir, this is regarding one of our member lokesh kumar who recently changed tiles of his flat and with my permission he has put the rubbles outside our society compound, with a promise that he will immediately remove the rubbles soon after his tile works but now he has started to threaten me with dire consequences that he will use his local goons help to stop from taking action against him, please guide.

  27. Uday
    28 January 2016

    Gentlemen;

    I can understand your predicament; Suggest take photos fo the same, gather 2 or more witness of his Act & inform the Local Municipal Officer concerned & the Police under oficial acknowledgment & cooperate with them, too.

    Best of Luck

  28. Suraj V
    31 January 2016

    Hi,

    I have few queries regarding parking.
    1- Whether visitors should be allowed to pay fine if parked in No parking area within society.
    2- Is there any thing like only this no of 2 wheelers are allowd in one parking for tenant.
    3- Suppose if anyone visits me and I allow him to park in my parking then is it fine or not.
    4- Does society is allowed to take hefty fines on the name of No Parking both from Members or Visitors.

  29. UdayPrabhu
    31 January 2016

    Dear Suraj Ji;

    Reg; Your queries on Parking;
    ***** ------------------------------------
    As desired by you; wish to inform you my personal opinion on the same (as my Ans); therein for better understanding & as under;
    1- Whether visitors should be allowed to pay fine if parked in No parking area within society.
    Ans; yes as it naturally amounts to ENCROACHMENT.

    2- Is there anything like only this no of 2 wheelers are allowed in one parking for tenant.
    Ans; If ownership & use can be proved then the CHS/ GB can regulate the No of two wheelers that can be parked & Parking Charges based on the slabs meant for parking higher no of vehicles.

    3- Suppose if anyone visits me and I allow him to park in my parking then is it fine or not.
    Ans; normally, it would & should not be objected as you are accommodating in the parking zone; But it can be done only if the CHS passes such an enabling RESOLUTION. Otherwise they may treat it as a silent ENCROACHMENT & Act accordingly for its removals, imposition of fines /penalties as per their perspectives/ resolutions therein.

    4- Does society is allowed to take hefty fines on the name of No Parking both from Members or Visitors.
    Ans: Yes Sir; based on the General Body's Deliberation on movement of vehicles within the complex, its monitoring & obstructions if any within the limited aisle space available, therein.

    Hope my Understanding on the working mechanism for parking will further assist all readers to maintain & encourage with their support the Cooperative spirit and find resolutions wherever there is a different perspective.

  30. Neeraj Choudhary
    12 February 2016

    wanted to know if i have bought a flat in a society but the same flat is unoccupied (neither self occupied nor rented) do i still need to pay maintenance charges

  31. Udhe
    12 February 2016

    Yes Sir; Please pay & cooperate.

    UdayPrabhu

  32. XXX
    17 February 2016

    I am based out of Kolkata. The Coop sociery has recently passed a resolution where they are charging double for the 2nd car. Is that OK? FYI, I own 2 cars and I am not willing to pay double for the 2nd car. Also, in our apartment complex, there are additional parking spaces at the moment.

    Pls share your comments.

  33. Udhe
    17 February 2016

    Gentlemen;

    If the RESOLUTION has been passed by majority members present after giving due notice in advance as per Law, you may have to abide by it.

    Should there be majority aggrevied members / resolutions passed lopsidedly then you need to agitate it before the Local Court having jurisdiction for quashing / setting a side the unjust resolutions & follow due process of Law.

  34. Abinash Sinha
    01 April 2016

    Dear friends, I am staying in Pune as tenant and moving to other building in the same society. The society is asking for additional charge of Rs 1000/ for lift usage to carry goods.
    The same society is also asking to give a chq of rs 5000 for non availability of rent agreement. The land lord is staying outside Pune and will visit in few days for rent agreement. As per the law if agreement not submitted within 15 days, there would be a penalty of rs 1000, then 2000 and then so on. in 1 month or so.
    Are they doing as per the law?

  35. Udhe
    01 April 2016

    No Sir

  36. Abinash
    01 April 2016

    Dear Udhe, thank you very much for the reply.
    I want to tell them their rules are false and not by any law. Would you be so kind to share any link /document related to this?

  37. Priyanka Srivastava
    12 April 2016

    Hi,

    Can anybody please help me with below situation:

    I am a tenant residing in a cooperative society. My brother bought a new bike (bullet) which was parked inside the society and we have 3-4 security guards (older). Last night someone broke in and I guess tried to steal bike but unable to do it, so stole the Kit and battery and damaged the tank (looks like with a rod). Upon asking guards and chairman we are getting reply like "we don't know.. what can we do.. ". What we can do in this case? Does society is responsible for this ?

  38. Srikanth S
    13 April 2016

    Hi Please help me.. I am residing in co-op Housing Society in Mumbai. I have submitted agreement copy to society late by 20 days. So they are asking me to pay 11,000rs as a penality for it. Is this by law?. what rules says for late submission of agreement ?

  39. Udhe
    14 April 2016

    Gentlemen;

    You have asked a Brilliant question but you should ask in writing to the CHS & make a copy silently to the D.Registrar of your Ward;

    If they have asked you in wirting its rewarding for you to enclose and also allege that its another form of extortion being practised by the CHS- managing Committee members & you can also mark a copy of the same to your Local Police station & the Jt.Commissioner of the partiuclar division;

    Best of Luck in your above endeavours; Please keep all of us informed if you too wish on this forum of all the developments hereon.

    Regards to ALL, Herein too.

    Uday Prabhu

  40. Vishwakarma
    18 April 2016

    Sir, I am owner of flat .I have already installed dish tv on our terrace one year back ,However society is asking to remove it now.

    Can i take objection agianst society or any alternate solution can be worked out.

  41. UdayPrabhu
    19 April 2016

    Gentlemen;

    Please check if any other members Dish TV Antenna's are there; If that than insist on removal of that too;

    Alternatively; If your is the only case which is destroying the Terrace walls / Structures, then Please remove the same and cooperate to maintain the Strength of the CHS assets;

    Best Regards;

    Uday Prabhu

  42. Hemant V
    29 April 2016

    Dear Uday
    In a recent meeting at my society in Mumbai. A new rule was passed that all tenants will be paying parking charge of Rs 100 per month. However there is no charge for the owners.
    I am allotted a fix parking by the builder. Now, Is this a valid charge that's only valid for tenants. Can the MC has the authority to incorporate a charge like this that is valid only for the tenants and not on the owners.
    Kindly help and show some light on this.
    Regards
    Hemant V

  43. Sunil Sail
    06 May 2016

    hello Sir
    Can you pls guide if the Society committee members can charge society flat owners / tenants some sort of fines for wastage of water. Such regulation has to be approved via AGM or can be done via MOM

  44. Udhe
    07 May 2016

    Yes @ MCM & Ratified in the SGM / AGM;

    Water Conservation is MUST & heavy fines upto Rs 5,000 are being imposed to create a Detterances by some CHS;

    Please cooperate accordingly & guide others too;

    Regards;

    Uday Prabhu

  45. Prakash Motwani
    26 June 2016

    Our society is following yearly Rotational Parking scheme and the cars are parked turn wise.There is a member in our society who has two flats registered in their fathers name,now they have one car that is being parked in the space and by rule they have to remove the car after one year ,but they dont do it saying that we have another flat so why should we remove it and hence they continue parking continuously.is it right and if not under what rule can i object for the same. please reply

  46. purva s
    27 June 2016

    Hello Sir..

    I m a tenant in a society... And the society members are charging me ₹ 300 p/m for two wheeler parking. The owner of the flat doesn't have any parking space in the society.

    I have two queries
    1. Can the society charge for two wheeler parking?

    2. If any flat owner has agree to allow me to park in his parking area. Can society still charge me?

    Thanks & regards
    Purva

  47. Udhe
    28 June 2016

    Dear Purva;

    Yes Sir;

    Depending on the Resolutions passed by the general Body of that CHS:

    Best of Luck;

    UdayPrabhu

  48. Dr Ganesh Sanap
    28 June 2016

    Hello sir,
    My society chairmen and secretory harassed for maintainace payment issue since last 14 month.
    Previous treasurer done some corruption and due to that i was in defaluter list.
    They are asking me get it solved yourself.
    Finally old trasurer even sent mail regarding confirmation however they are still harasssing.
    I am leaving as tenant as owener agree with me for procedure. We have confirmation in the form of email .

    Can society commitee issue email to vacate flat (already issued ). My owener is with me and he is not asking to vacate flat.
    Hitlership going in society.

    What steps should i take .

  49. Prabhu
    28 July 2016

    hi,
    I live in Pune. My society has passed a new rule to not rent a flat to any bachelor and all bachelors residing in society are asked to evict the flat in 2 months. Moreover they are making rules specifically for bachelors like parking for bachelors not inside society, no guest allowed for bachelors etc. Can they do that ? If no then what is the legal remedy ?
    Pls help

  50. mayur f shroff
    01 August 2016

    Dear Sir I am Sty in pune
    hamari Soc me Coverd Common Space me 2 Wheeler park kar Sakate hai Kya ???

    Pl help mi

  51. sachid patil
    17 August 2016

    Hi, I already have a one car for which I have received car parking space inside the society but recently I purchased second car for which society is not giving parking space inside the society compound. But at the same time they have allotted car parking space to the tenants. When I approached them they said they give preference to tenants for parking their cars inside society compound instead the person who is having second car. Is it true?
    Whom should get a preference if car parking slot is available 1) a member of the society who is having second car or a tenant who is having one car?

  52. mukesh
    05 September 2016

    are tenants not allowed to park their cars inside by rule.

  53. srinivasa rao
    12 September 2016

    Hi, I have owned a flat in Prasadampadu, Vijayawada, Andhra Pradesh. The same is occupied by me and I have parking place for car. However, I do not have car and I have given my car parking place to outside person. Apartment committee not agreeing for the same and suggested to vacate the car. Is there any law to protect my interest on my car parking against apartment committee.

  54. sandeep shetti
    15 September 2016

    i am stying in a appartment & recently we have registered our society under mofa act. but our premises comes in plot owners society .but this ociety does not take any liability for common amenities of appartment & does not cotribute in any manner & their ojective of society formation is different from us.in this situation can our society registration be cancelled. please guide us .

  55. Udhe
    17 September 2016

    Yes Sir; Please refer: Section: 21A. DE-REGISTRATION OF SOCITIES under the MCS Act of 1960; abstract of which is as under;
    (1) If the Registrar is satisfied that any society is registered on mis-representation made by applicants, or where the work of the society is completed or exhausted or the purposes for which the society has been registered are not served, he may, after giving an opportunity of being heard to the Chief Promoter, the committee and the members of the society, de-register the society:

    Provided that, where the number of members of the society is so large and it is not possible to ascertain the correct addresses of all such members from the records in the office of the Registrar and, in the opinion of the Registrar it is not practicable to serve a notice of hearing on each such individual member, u public notice of the proceedings of the de- registration shall be given in the prescribed manner and such notice shall be deemed to be notice to all the members of the society including the Chief Promoter and the members of the Committee of the Society, and no proceeding in respect of the de-registration of the society shall be called in question in any Court merely on the ground that individual notice is not served on any such member.

    (2) When a society is de-registered under the provisions of sub-section (1), the Registrar may, notwithstanding anything contained in tins Act or any other law for the time being in force, make such incidental and consequential orders including appointment of Official Assignee as the circumstances may require.

    (3) Subject to the rules made under this Act, the Official Assignee shall realize the assets and liquidate the liabilities within a period of one year from the date he takes over the charge of property, assets, books, records and other documents, which period may, at the discretion of the Registrar, be extended from time to time, so however, that the total period does not exceed three years in the aggregate.

    (4) The Official Assignee shall be paid such remuneration and allowances as may be prescribed; and he shall not be entitled to any remuneration whatever beyond the prescribed remuneration or allowances.

    (5) The powers of the Registrar under sub-sections (1) and(2) shall not be exercised by any [officer below the rank of a Joint Registrar of Co-operative Societies.]

    Best Regards;

    UdayPrabhu

  56. Irfan
    23 September 2016

    Dear Sir ,

    one of our society member has given his Flat on Rent , and owner does not stays in the society , but owner parks his car in society open space parking .
    1 ) Is he allowed to park ????

  57. Udhe
    23 September 2016

    Gentlemen;

    If Society has allotted Car parking as per Spaces / Parking Policy; Then yes, because it is one of the benefits on buying property to have all your Assets appurtenant unto it;

    Some socity's permit the Tenant/ Residnets only; Hence all depends on the annual Car Parking Policies in each society which is autonomus body;

    Best Regards;

    UdayPrabhu

  58. Jordan Dsouza
    06 October 2016

    Hi All,
    I'm staying in a society where the Secretary & Chairman have levied 100% Parking Charges on the Tenant saying that if he can pay 20,000 plus rent then he can pay 1000 rupees Parking Charges when other owners are paying 500 only. Is this fair or shud I take this up with the Registrar of Societies & send them a Legal Notice. Please be so kind as to give me good, sound advise since not all of us on rent are that rich as conceived.
    Thnx & God Bless

  59. UdhePrabhu
    07 October 2016

    Dear Jordan-ji;

    I believe you give the CHS a Causation Notice and check before you move any further; Possibilities are that they must be holding the General Body's approval to do so, which they believe is supreme & hence this stand;

    If not you have a clear cut case of seeking case as that of extortion under some of the section of the Indian penal Code including 385, too-

    Please contact your legal advisor and do the needful accordingly;

    Best Regards;

    UdayPrabhu

  60. SUMANTRO CHATTERJEE
    20 October 2016

    Dear Sir,

    I stay in a co-operative housing society in west bengal where there is lots of open space and no car parking area has been sold to any of the owners. The common area is used for car parking which is not demarcated and not covered. Recently the
    Society secretary has issued a new rule saying rented accomodations cannot use the common space for parking.

    Is he legally right in doing so? i have keeping my car for last 2 yrs. do i as a tenant have any rights. we pay extra society charge for tenancy

    Regards
    Sumantro Chatterjee

  61. Udhey
    20 October 2016

    Dear Shri Sumantro Chatterjee-ji;

    The very fact that you are paying more than normal members itself shows you need to be treated as member / GOD not the other way round;

    Further; its nothing but new form of Extortions with purchasing your property / while its only suppose to manage the Affairs as per governing law + Indian Constitutions’ there and not create Discrimination with due respect to the position bestowed upon you Under some of the beautiful Article;21 R/w: 15 & 300A;

    Please arrange to issue a CAUSATION NOTICE to all concerned therein; if you too endorse with my views / seek legal opinion & proceed as deemed fit & proper by you then.

    UdayPrabhu

  62. VISHWAJEET
    20 October 2016

    sir I am the owner of my flat In my society and I gave my flat on rent to a tenant.now he is not willing to pay the rent of flat and also blackmails me.I have got rent agreement with him but no police verification .Now please tell me sir ,what can I do to get hold of my flat??

  63. UdhePrabhu
    21 October 2016


    Dear Shri VISHWAJEET-ji;

    Please arrange to issue an EVICTION / EJECTION Notice to the Occupant stating therein that the Rentals therein willbe double that amount as per law + MESNE Profit, with timelines;

    Should he not vacate then; Move the Competent Authority for the same and you should be in abetter position to evict him quickly within 8 to 12 months;

    Believe this will further assit you to take back your possession rewardingly;Keep all of us informed herein if you so wish;

    Best of Luck;

    UdayPrabhu

  64. Ramya
    24 November 2016

    Recently I purchased a 3 Bhk apartment and have been alloted “ONE CAR parking space” as per the sale deed. But my car parking space is quite large compared to other ones as it goes usually by the size of the apartment. After the purchase of the apartment, the Estate Managers office told us, that since the parking space is big enough, we can park two cars without a problem and provided us with two parking stickers. We manage to park both the cars with in the yellow line, however the front tyre of the second car is coming out of the yellow line by 1 feet. This is in NOT at a hindrance to the neighbors as there are pillars between the two car parking spaces any way along with additional 2 feet distance on all three sides that is separating our parking space with our neighbours parking space. In addition it does not affect the ingress and egress of other vehicles in any way. Also, I have noticed in other car parking spaces two wheelers are parked in the space between the two car parking. Our association is not permitting us based on the following points.

    1. As per the sale deed only one car Parking space is provided. So no additional cars can be parked even though there is more space. – Our Point: “ Since the sale deed says ONE CAR PARKING SPACE- in that case two wheelers should not be allowed inside the car parking space”. If that’s allowed why not two cars as long as it is not a hindrance to ANYONE”. Also, many people are parking their two wheelers along with the car in “ONE CAR PARKING SPACE”- On what basis this is allowed?. In addition, why this point was not brought out when they issued the car stickers to us- We paid money to get TWO PARKING STICKERS.

    2. The one feet distance where the second car is parked will be a safety issue in case of fire. Our Point” If its not a safety issue when there are two wheelers parked in this space and if most of the apartment’s junk is kept in this space for a longer time why are they trying to make it a point only in our case.

    We personally feel we are targeted as we ask questions related to the financial statements in the AGM.

  65. Udhey
    26 November 2016

    Dear Ramya;

    You are perfectly within your rights to park your vehicles in the space allocated to you & surely for the two Car Parking for the known spaces provided to you;

    If the Association is not registered you may issue a causation notice for criminal breach of trust, Fraud and misappropriation of Public assets too with copies of the same and file with the Local Police as complaint of extortion under the garb of providing Car Parking Stickers and then somersaulting on that position;

    If with the above your issue is not resolved then please arrange to file a Pvt- Criminal Complaint for the above situations;

    Best of Luck in your above endeavors;

    UdayPrabhu

  66. ICRPC
    26 November 2016

    Supreme Court order of May 4, 2012 clearly states as follows:

    “That lessees of the plots shall ensure that the occupant banks, nursing homes, companies or persons carrying on any commercial activity in the residential sector should stop such activity and shift the same to the appropriate sectors i.e. commercial pockets in industrial/institutional area and specified pockets for commercial use within the residential sector, strictly earmarked for that activity in the development plan, the regulations and provisions of the act.”

    “That doctors, lawyers and architects can use 25 percent of the permissible FAR (floor area ratio) of any floor in their premises in residential sector but only for running their personal office or personal clinic in its restricted sense as clarified in the judgment.”

    Thus the Supreme Court has very clearly stated that no one can use the residential premises for commercial purpose except lawyers, doctors and architects who can use 25% of the FAR (Floor Area Ratio) for their professional work when living in that residential premises.

    Even beauty parlour and day care centre / palnaghar is not allowed to operate from residential premises.

  67. Rajesh
    04 December 2016

    Hello,

    In our society, there are 26 flats and 10 flats are occupied by a company. In the company occupied 8 flats there staff members are staying. But in the remaining 2 flats it is used for outstation peoples(some sort of Guest House). Just want to clarify Is this kind of Guest house allowed in the CHS.

    Thanks and Regards,

  68. Sachin Bedekar
    04 December 2016

    Hello,

    In our society, there are 26 flats and 10 flats are occupied by a company. In the company occupied 8 flats there staff members are staying. But in the remaining 2 flats it is used for outstation peoples(some sort of Guest House). Just want to clarify Is this kind of Guest house allowed in the CHS.

  69. Dolphy Goveas
    08 December 2016

    Dear all,

    My society in AGM has passed that, owners staying in the society and using stilt or open parking can pay Rs 100/-, where as i have a stilt parking allotted by the builder ( allotment letter is issued on my name) and if my tenant want to park his car in that stilt parking, society is charging Rs. 1000/-. Unfortunately all the owners who have rented their flats do not stay in the town, hence can't attend the AGM, hence few people decide what rules majority should follow. I pay my maintenance 06 months in advance, also we pay high NOC ( Non occupancy charges), despite that society has gone ahead and charges the parking which i feel very high. Please let me know, what is the process to address this

  70. Uday
    09 December 2016

    Dear Dolphy

    I can understand your predicament in the above situations; If majority decides nothing much can be done as the General Body is supreme & the CHS manual attested by the Department does not show show discrimination are impermissible in the Co-Op Society;

    Please be guide accordingly;

    Best Regards;

    UdayPrabhu

  71. Hemant Vhatkar
    28 December 2016

    I, Hemant Vhatkar , of Thane ,Maharastra ,India, if your society makes laws saying tenant has to keep cars out & Only Owners Can Keep cars inside the society .
    Tell them , if Any Foriegner (,President,Ministers, Foriegn Delegates,Scientist,Pop Singers,Sportsman ,TOURIST ,etc.)comes with their cars, body guards, Own Cook, Own Dietician,Own Doctor) tell them to keep all their belongings outside the LOC of Indian Map Borders . As they are not Owners , they are "Temporary Tenant".
    They should keep everything out ,as already our country is Over Crowded ,Over Populated .

  72. Sanjay
    17 January 2017

    I live in an apartment complex in Chennai, one of the flat owners in our building has let out his flat on rent, but he is still using the parking space to leave his car, when asked he says that I own a flat and my tenant does not have a car so I can park my car. We do not have enough space to park cars in this building and its creating a mess time and again. Is there any rule which talks about ONLY RESIDENTS CAN PARK, then we can show it to the guy and say that he is not a resident in this complex anymore and have him remove his car and breathe easy. Apartment is in Chennai.

  73. Udhey
    20 January 2017

    Dear Shri Sanjay;

    Let us understand that; He has purchased Property; hence he can make better use of the same economically and financially to get maximum gain and we in Civil Society must respect that position;

    I believe no law can take away his right in his property; Please help him.

  74. DHANANJAY VICHARE
    06 March 2017

    Sir,
    I am staying in 7 floor building having 26 Flats in all.
    out of that 19 are sold and 7 are yet unsold.
    we 19 flat owners are paying Rs.3000/- as the maintainance charges monthly to the builder from the date of possession.
    my question is that sir who will pay the maintainance charges for unsold 7 flats if ownership of that flat is builder.
    wether all 26 flats will born the monthly expenses or only 19 flat owners.

  75. ICRPC
    07 March 2017

    Dhananjay Vichare....
    Builder has to pay maintenance for unsold flats as he is the present owner of those flats.

  76. Udhey
    07 March 2017

    Sir;

    You must first ask for total expenses and or pay as per Bill, then check with his Income & Expenditure Statement he ahs to provide as epr Sec; 5 R/w 3 & 4 R/w 16 of MOFA'1963 then;

    Should he not pay for the Flats or inflate the Bill to pass on all expenses / everything unto the Buyers of his 19 - flats; Collectively you can issue causation notice and then even sue him for Breach of Trust, Cheating & Criminal Misappropriation of Public Funds of which he is the TRUSTEE, if you all so wish;

    Best of Luck;

    Actively watching Builders / Developers passing on their Liability unto Consumers / Home Buyers, unjustly and guiding the afflicted Buyers to take Remedial steps as available in law;

    UdayPrabhu

  77. Dolphy Goveas
    08 March 2017

    Dear Uday,

    What is the remedy if I have to fight legally on the biased nature of the society. Can i send a written letter to society to clarify on how they can charge the tenant additional parking charges to park in the allotted stilt parking. I have a stilt parking and which is allotted by the builder for which i have an allottment letter. Owners who are staying in the society are paying Rs 100/- parking charges per month, where as tenants who have stilt parking too pay Rs 1000/- per month, which i fell blatant violation under Co-operative society act.

    I was informed that the maximum parking charges can be 10% to what the owners pay. Can anyone give me that reference in the MHA cooperative Act

    I will also write to the Register on this, so that he/she can assist me

    Who can assist me with a lawyer who will guide me properly to help me in this regards

    Dolphy

  78. Prabhakar Khale
    29 March 2017

    I am the owner of the flat of the Co.Op Hsg society. However I have given my flat on the rented basis to my friend with prior permission of the society. The Committee members refused to park my car in the premises of the society. Giving reason that I am not staying in the premises and rented the flat to other. My friend have no any vehicle. I am residing in the next society and there is no open parking space. Please let me know under which By-Laws of the Cooperative societies Act the Committee Members of the Society refused to park my vehicle in the premises of the society. (open car parking). Pl advise in the matter.

  79. Narendra Punwaney
    10 August 2017

    I am a member of CHS in Colaba, Mumbai. As I am based in Dubai, I prefer to give the apartment on leave and license.

    The society has 11 stilt parking slots which are held in ownership by some Members.

    There are 29 open parking slots in the compound and we 48 members interested. With the passage of time the demand for parking has far outstretched the limited supply and the society introduced a set of rules (attachment No. 1). These rules discriminated between resident members and members who have let out their apartment on leave and license basis. Some years later, the Society once again made another set of rules were introduced in 2015 which further discriminated more in favour of the resident members. The discrimination is so unfair that parents, siblings and other relatives of the resident members who have technically applied for the second parking for the resident members have preference over the first parking application of the non resident members who have given their flats on leave and license basis.
    I have a three bedroom apartment but am unable to get a parking based on these revised rules. As a result I am unable to give the apartment on leave and license as any potential tenant would need a parking slot.
    I believe a leave and license tenant should have all the rights and privileges to enjoy the facilities of the building including parking. At least the non resident members should get their first parking before the resident members get their second parking. The Managing committee should accommodate all equally without discriminating against any one as this does tantamount to violation of the constitution.
    Could you please advise an appropriate course of action?

  80. UdayPrabhu
    10 August 2017

    Dear Shri Narendra -ji;

    Your stand of exploring Economical & financial benefits is perfecting in order & deserves attention by all regulating the CHS & those managing the Affairs.[ It is neglected due to Attitude at the highest altitude, Ego & Ignorance of the Equity of justices available to you in law & specifically as per MCS Act & Indian Constitution, too]

    Believe me you are not alone, You need to escalate your complaint of the same as under:

    1) Before The Dy. Registrar for A/ ward; at Malhotra House, 6th Floor, Opp GPO, Mumbai - 400 001;

    2) Also before The District Deputy Registrar for Mumbai City-I, at Malhotra House, 6th Floor, Opp GPO, Mumbai - 400 001;

    3) The Divisional Jt. Registrar -of Co-Op Societies, Mumbai Division; at Malhotra House, 6th Floor, Opp GPO, Mumbai - 400 001;

    4) The Commissioner of Co-Op Societies; New Central Building, 2nd Floor, Wellesley Bridge, Station Road, Pune - 411 001.

    5) The Minister [for Co-Op] Shri Gulabrao Raghunath Patil, Mantralaya Annexe - 4th Floor, Madame Cama Road, Mumbai-400 032.

    I believe some of these may be able to further assist you in your beautiful endeavors, therein and ensure that you are not deprived of the opportunity to keep your Assets Performing and earning revenues for you too;

    Should it not work then you may approach the Hon'ble Courts [Civil & Criminal Justice System] setup for the same and I am sure you will be able to get full justice including claim the economic losses inflicted upon you unjustly with adequate compensation for the Harassment & Mental Agony extended, in this fashion;

    Until then shall All ways PRAY & Hope; God Bless our Country & its Country Men to behave as in the Developed world, which we only claim to be without knowing the inner meaning or standards of civilization to be performed and achieved. therein;

    Best of luck;

    Uday Prabhu

  81. Narendra Punwaney
    10 August 2017

    Thanks Udayji for your detailed response. Much appreciated.

  82. Pooja
    12 October 2017

    Respected Sir,
    I would like to know the rules to vacant a tenant residing in the flat exactly in front of us.They just argue and harass upon telling them to keep the passage clean where the garbage just spills out of the bin and roam with dirty,muddy shoes.
    They are living here since 6yrs being a tenant.So I would also like to know about the rules to vacant them as they are living since 6yrs and as per laws it should not be more than 2yrs(1 yr as per the agreement and should not exceed about it).Please guide about it

  83. manish
    07 March 2018

    Our society made in year 2000. we are 49 house owner. one of the house owner made three Flores building and they give to there tenant now problem is parking issue of tenant as well as owner so, they park vehicles to some else parking space how to oppose this?

  84. Kannan Ramaiah
    4 weeks ago

    We are in the society from 2013. Now they are putting new and weird rules like children should not shout, tenants have no two wheeler parking, only owners have parking that too one vehicle but they are keeping four to five vehicle from each flat. And behaviour of the flat owner with my wife is also not good. Since this flat is having facility for my office and children school we are residing here.
    What is solution for this.

  85. Disclaimer: We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. You should consult your lawyer or contact our legal advisers and get into greater detail before taking legal action.