Mumbai Housing Society Queries: 'Society Must Have Parking Policy Cleared By General Body,' Says Expert

The owners of a plot went into redevelopment where five individual flats along with two parking slots were collectively given to them. I purchased a flat from one of them and now have undivided ownership of the two parking slot. However, the tenants of the owners of these flats are not allowing me to park my vehicle in the said parking slot. The society has issued an NOC with a term that I will not be allotted another parking slot and will have to accommodate in the two parking slots allotted by the builder. What can I do in such a situation?

Vishwas Ahirekar, Mumbai

Every society is required to have a parking policy approved by the general body. In your case since the parking is allotted by the developer, you being the new purchaser of the flat are entitled to the parking slots collectively allotted to the five flats. You may write to the owners of these flats to decide the policy for parking of the vehicles. Since the builder has given only two parking slots amongst five members, it would be better to allot parking by taking turns. A copy of the said letter should be marked to the society.

The members of the society should be given preference over the tenants for the parking slots. In case the concerned members do not accept your request, you may try alternate dispute resolution mechanism like mediation / conciliation. You may also make an application to the society to allot any vacant parking slot to you so as to enable you to park your vehicle.

The society can also issue second parking slot on a yearly basis in case there is availability and no demand from the members on payment of charges approved by the general body. Please refer to Bye Law 78 to 84 on vehicle parking.

A company has purchased a flat in our society. Are there any specific conditions to be fulfilled by the society before giving the membership?

Vineet Waghmare, Andheri

Any partnership firm, company, registered society / public trust or any other corporate body specified under Section 22 of MCS is eligible for admission to membership of the society. The state government vide order resting with CSH-1791/CR 148/14- C dated November 9, 1993, has specified the terms and conditions subject to which the firm or company may be admitted as a member of a society. The objects of the company mentioned in the memorandum and articles of association should not be against the object of your housing society. The firm should hold the flat for the purpose of providing residential accommodation to its employees. The number of firms admitted as members should not exceed 50% of the total membership of the society.

Please note that the managing committee shall consist not more than oneforth members of the firms and companies and the remaining members shall be elected from the individual members and the provision to that effect shall be made in the bye laws of your society. Also refer to the aforesaid order and Bye Laws 18 and 19.

Our society was developed along with some SRA project, where the developer has constructed two flats in the stilt area which are not as per the approved plans. We are unable to get the OC from the developer. Since the developer has not hand owner we have to pay the property taxes. The two flat owner are after the society to make them the members. Can we recover the amount paid as additional taxes? If yes how? How can the two flats be regularised?

Unnati Sabarwal, Sion

It is the responsibility of the developer to follow the layout as approved by the BMC. The two flat constructed may be regularised by the developer by submitting the revised plan and also paying the penalty if allowed by SRA. In case the SRA does not allow the amendment of the plan, the two flats will have to be demolished. Until the regularisation of the two flats, the society cannot consider giving them membership.

The society should conduct a general meeting and take the agenda of taking action against the developer to recover the property tax paid in excess on account of OC not being in place The Society can then file a complaint in the consumer court to recover the additional amount of property tax paid.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

The questions, in brief, may be sent to fpjchs@gmail.com

Published on: Monday, May 20, 2024, 10:50 AM IST