By Legal Bureau
Although open parking space cannot be sold neither anything open to sky is saleable, according “Maharashtra Ownership & Apartments Act”. But the Society can rectify the act of the seller and allot the space in the name of the purchaser. It is interesting to know that society can do so only on yearly basis. That is, the allottee has to renew its permission to park every year.
Bye – Law 78 to 85 says that member may hold parking / stilt if he has purchased the same and he shall have a right to sell the same to transferee or other eligible member of the same society.
The allotment of parking space / stilt shall be made by the committee on the basis of “First come First served”, for unsold and available parking spaces. However in case of parking space / stilt allotted by the society, the member shall have no right to sell or transfer the said allotted parking space / stilt, to anybody.
No member shall be entitled to utilize more parking spaces & stilts than what is allotted to him by the committee, or which he has purchased.
Where any stilts have been built or open space in the society’s compound is available for parking of cars, the society shall number the stilts or the open space in such a way that no inconvenience would be cased to any of the member of the society. The Committee shall ensure that the space is used by the members for the purpose for which it is allotted to them.
A member , having a motor vehicle, will only 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 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 shall allot such parking space / stilts by “Lot” on yearly basis.
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 applications 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.
Every member, who has been allotted the stilt or the parking space shall be required to pay the parking chares at such rate as may be decided by the general body of the society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. Where a member has been allotted more than one stilt / parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body meeting.
Every member, having a scooter, a motor cycle, or an auto rickshaw shall obtain prior permission of the committee for parking his vehicle in the compound of the society and pay the charges fixed by the General Body of the Society at its meeting.
By Legal Bureau