Wednesday, May 2, 2012

Car parking

The view from my room balcony, God forbid, if there was a fire in the building there would be no room to park even the fire-engine......

five cars all in a row, belonging only to one flat member and his guest.........seems like a car garage...

I am not sure if I should send this letter to the society, but I need to share this note because I have been highly upset during the recent incident wherein I made a request to park a car of my guest for few days, which secretary kindly permitted but it was highly objected by the owner of the cars, who was not ready to compromise.

It is very important to know the bye-laws of the society without which one can never challenge the defaulters.

Presently we live in society where there are different privileges provided to different members and it all depends on his influence with the management.

Nobody in our society objects to this defaulter because nobody knows the bye-laws and nobody is intelligent enough to challenge. Surprisingly, when I enquire, he snapped that I have no right to object.

In my opinion, I have equal right to know why such privileges are enjoyed by just one flat owner???

According to bye-law, the society cannot afford to allow two or more parking plot. This is in order to payment encouraging members bringing more than one car. It also encroaches the parking spaces of others, as well as free access to the members within the compound of the society. This is being indoor management. It is generally decided on certain compensation. However, in fact, if the municipal authorities objected then the society cannot allow more than one parking space.

Let me also point out that societies in Mumbai can be divided into two groups: Societies of posh localities and other localities. The people from posh localities sometimes hold more than one car and in such cases the Society may pass resolution allowing, the first car to park on a charge of Rs. 50/- and the second car on payment of Rs. 150/- and the third car by paying a compensation of Rs. 300/- . The question arises is not the recovery of money but whether they have such necessary open space for permitting under the Bombay Municipal Bye-Laws, if large the space for garden, play ground etc. and instruction where there is fire brigade engine.

Model Bye-Laws Under Co-operative Societies Act:

Clause VIII of Model Bye-Law 71 of Co-operative Societies refers to car parking charges. It states that the rate fixed by the General Body of the Society under the Bye-Law No. 86 and the car parking charges may be decided accordingly. It must be noted that the General Body has right to allow space for car parking which will be subject to the Bye-Laws and Development Control Rules. The Society cannot allow any number of cars if it is not permitted under the special Bye-law and the Development Control Rules.

Now that our building will be going for redevelopment, we need to clarify how this arrangement of car-parking be resolved? 

I need to know the norms so that I don’t get entangled in unnecessary discussions on what is right, what is wrong, and ‘that-none-of-my-business-so-I-must-shut-up’ attitude.

Although I do know how these things work in proper organized societies, since I have done my home work

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