[Resolved]  Housing Society Act — car parking in open area

I am a viewer of your program PAHEREDAR.In one of your episode, we came to know regarding CAR PARKING on open area of building premises.As per the experts society has no right to ask for charges against the car parked in open area.
As, I am resident (tenant)of a housing society in agra (up).I do not own a covered parking. I am parking my car on open area of building premises. Now society committee is planing to charge Rs. 200 per car/ month. Please confirm whether we should pay or not along with coding act / rules.

Secondly, our society is running in profits of Rs. 2 lac with the collection of monthly maintenance charges.Are the society eligible to increase the monthly maintenance charges.
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Aug 14, 2020
Complaint marked as Resolved 
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Dear Sir,
I have been staying on rent in Mumbai.I own a car.I have been paying Rs.400 per month towards the parking in building premises.Also m not allowed to park in the covered area.Kindly suggest is it under norms to pay for parking to society and if we are tenants are we elgible to get coverd parking .
> Dear Sir/Madam
> pls help me regardign my homeloan issues
> i hv saving ac in bank of baroda gandhidahm branch and i m
> take home loan from same bank in year 2004-05 bt after some
> time i am not paid its installment since last two year(its
> installtment amount is 2500/-per month ) bcos our house
> contracter cheat to us in construction and bank not remind
> me abt installment from loan date to till date .and sudnly
> they ask me in march 2008 pls pay 55000/- immidiate
> otherwise we are seal ur house, After this warning immidiate
> i was paid 55000/- and now bank asking me now u pay Rs
> 4000/- every month otherwise ur balance is not maintaine
> and they are not gv me any intrest rates chart of my loan
> and no any installment statment etc...
> so pls help me regarding this issue what iwill do???
> i khnow in some where my faoult bt here is bank also in
> fault bcos they are not intimate me in last two years abt
> this loan dues ...and now suddenly i cant manage this
> installment amount permonth...
> Waiting for ur reply
> Regarding
> Krunal D Goswami
I have taken a flat on rent in PUNE(Maharashtra), Konark Nagar Co. Housing Society.

I am facing problem o[censored]nequal water supply.

Society is charging nearly 4000 Rs a year for 1 BHK flats for maintanace & water supply.

Here there are 20 buildings and some row houses in the society, there is ample water suppy for the buildings where society members are there.
Genearly they use to bring water tankers and the supply is made to the buildings as per their will.

In the building no 19 where i am staying water supply is not made even for 2-3 days.When we comlain about the same to the society chairman his behaviour is rude and even does not gives proper reply. Same is going here from much time.

Don't know where i can get this issue resolved.

Address of society:
Konark Nagar Co. Housing Society,
Viman Nagar, Pune
Maharashtra - 411014

Thanks & Regards,
Alok Chhatry
Ph No: [protected]
I have purched my flat in 2004, that time there was no planning to own a car and i neglected the covered parking slots, mean while all the parking slots were booked. Now i have purched a car and i have to park it in open area. Till today our builder have not registered the society and it is not handed over to us. presently we are paying the maintainance to the builder.Now i have to park my car in open space. our building have so meny rental peoples having their own car which is being parked in a covered place which was purched by the respectiveflat owner.If tomorrow our society may formed then what shoud be the parking charges to the covered parked and open parked cars. ( maximum & minimum limit of charg) will there be any higher charges for open parking and lower for covered parking since it was purched from the builder OR otherway ?
Now iam very despirate to get covered area to park my car, what should i do?
respected sir,

I am living in kalyan as i had buyed new home in a society and i had taken it on a ground floor please suggest me is there any difference in maintainance for the people who r living on ground floor as we are not using lift and all acoording to the act and rules as early as posssible...
can the society allot/sell the open space for car parking to the members
i am residing as tenant with my family for the last 4 years, we have cable TV connection, but secretary is not allowing us to have Internet broadband connection though house owner has given his consent, please tell me how to handle this situation
who is legally liable to pay the Society outgoings, the member owner or the the ocupant who ihas taken shelter under the Bombay Rent Act 1973
Dear Sir/Madam,

I am writing this mail on behalf of 18 more dewelling units owner in our society. Looking deeply for

help from your side.

Would like to place few facts in front of you, before sharing the pain area:

1. Stand Alone building in Pune (One Building one Society)
2. Total Five Floors; 4 flats on each floor
3. 5 flats waiting for completion certificate from PMC for last couple of years (all owners living in

these units, 1 flat on 3rd floor and 4 flats on 5th floor).
4. Because of point# 3 mentioned above, the builder has not registered the society but we are running

the show - like elecrtricity, water security etc.
5.Full residential, no commercial.

Now The Pain area:

One of the dewelling unit owner owns a small Information Technology company in Pune (running in a hous).

He has been asked to vacate that house 6 months back.

He is looking forward to set up his IT company (with 7-8 employees and 2 office boys) in our society

(5th Floor - completion certificate waiting) asap. He has shared the follwoing pieces of information

with us - verbally

1. He is not getting a suitable place to shift and doesnt want to shift as He doesnt want to pay rent of

app 1 lac in the market and coz he has a flat here, which is empty he would like to move in here only.
2. He has spoken to Builder and builder has agreed to change his sale deed to a complercial flat(which

builder denied when we called him).

Other than this there are several other things which he is using to shift in this building.

We have following issues with his decision:

1. If he comes in, anyone and everyone will start commercial activites.
2. Society completion might not happen
3. Security Issue for flat owners, ladies and kids.
4. Distruption of Peace.
5. Excess and unlimited, uncontrolled Usuage of Society ameneties like Lift, Terrace for smoking

drinking etc.
6. When builder or first party sold the flats, didnt mentioned that commericial activities can be cdone

in the premises.

Kindly suggest what can be done in this issue. All of the owners were living in a peaceful way, before

this decision was taken by him. This has caused problem and trouble for every one in this building. We

cannot expect ladies from the building to even move out in the lobby to keep the dustbin in this case.

19 Owners of Society Building
Pashan Sus Road
Pashan Pune 411021
Dear Sirs,
I would like to have a frank openion regarding the Stilt parking
which Builders provide below the first floor. Can the Builder sale these stilt parking to the Resident owners of the respective building flats. How is this sale to be done. Is it at the time of Agreement included in the allocation done and marked or the sale is done on his letter head.
Is the Registered co-operative Society to consider only those parkings which are registered or both. Which is legal and How is the Parking valid to the Flat owners.
What is the ration of parking to the number of Flats calculated for the Building. If Parking is not sufficiently made as per the number of Flats in the building what is to be done.
Dear Sir/Madam,
We own a house in a posh area of Mumbai i.e. Bandra which is only a Housing Society and we want to sell off our Flat now. But the issues are created from our society members. According to them we cannot sell off our own property to Spinsters. We have a good offer right now for our property but they are 2 spinsters, but they are sisters and both are 45+ aged. Society members have even interviewed them and they themselves found them from a very well to do background. I here just wanted to know if such objections/issues are acceptable or agreeable there in our Indian Housing Society Act or its just our society members are trying to play smart? Can we take strict action against our society members?
Please assist me regarding the same.
Thanks and Regards.
Society is charging different maintenance contribution from owner it is Rs. 400 and from tanent it is Rs. 600. Please guide, whether it is correct ? If yes or no, can i get any documentry supporting for this ?
I have purchased a flat in co-op society in resale. The area is 825 sq. ft. The seller of the flat had not taken any open or stilt parking. Some of the open parking in the society have been sold by the builder, whereas remaining have been allotted by the committee on lottery system for a period of three years on a deposit of Rs. 50000/- Now there is no parking available in the society compound. Due to which I have to park my car on the road. I have put a request to the committee for parking lot, however, they are flatly refusing on the ground that no parking is available.

Some of the committee members have taken 2-3 parking whereas they are refusig to allot one parking to me and other members of the society. Is it justified? What recourse do I have in the situation? Pl. guide.

As I understannd under the Development Regulations, one parking must be allotted for flats having specified area. Is it correct?

Dear Sir,

With regard to parking charges I have the following questions -

a. What is the maximum amount a society can charges/collect towards open parking as per Maharashtra State Coop Act ??

b. If the total amount collected by way of parking charges exceeds 20, 000/- in a financial year. Is the society liable to pay income tax ?? If so what percentage of income tax ??

Amar Karnad
I have purchase a flat at chakan, Pune & we want to register a housing society. But builder has add a point in registration when i get a permission to add 1 more Floor for construction & also the members to be add in housing society. Now What to do?
Dear sir,

We have our own flat in Pune and we have got extra water supply connection in our terrace. connection is provided by builder only. In this connection tap was not fitted by builder but we have fit tap in the same connection. now society members specially secretary wants to cut off this connection. i want to know whether he has the right to cut as we have legal connection or just wanted to know whether connection is legal or illegal.

I am having Yo bike. Now my society people and planning to charge me parking charges Rs.50/- per month and that too they are least bothered and resposiable for any loss theft or damage happen to the vehicle.

Secondly, our society is running in profits of Rs. 2 to 4 lac with the collection of monthly maintenance charges and other. Are the society eligible to increase the monthly maintenance charges and parking charges that too with these terms and conditions.

Please please suggest me what should be my next step.
I also need some advice on my car parking problem. I am resident in Mumbai in a Parivar co-op housing society Jaiprakash Nagar Goregaon East, which has not allotted parking space to anyone officially. There were around 6 cars parking slots used till i bought a car. I bought a new car recently and asked Society to allot me a parking slot to which society replied that "we should arrange for the parking slot on our own with co-operation of other members who already use the area'. We have asked the society to charge us car parking on monthly basis. We had one parking slot that was available but needed cooperation from a society member for practical use of the same. This guy and his wife owns a car each. but they park their cars in such a way that we cannot use the available space independantly. i.e. we cannot move our car in or out of the space. In spite of requests they are not ready to co-operate and hence our predicament.

After many days of patience we have forcefully parked our car on one of the slots where they use to park their cars. But again when we take our car out there is no guarantee that we will get the parking in the compound again. Please help.

Thank you.

Kavita S Parab

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