Legal Question in Legal Malpractice in India
Today we had an emergency meeting in society.The topic was "parking" in open spaces.
There are some members who park their cars in open spaces ,some members park their 2nd,, 3rd or 4th car also is parked. (This person is husband of chairman who never attened the meeting he has got three children and as per law this family members i.e. 'chairmans' can not become chairman or any other authority in society); being fealthy reach he gives idea to secretary and other members of selling the open space for Rs.50000/- per anum. and some deposit which society can use whenever they require money. Similarly, we have some comittee members who have more than two children. 99% of people in society are without any letter of the post they are holding in society. I had made a complaint to registrar few years ago but nobody from office came to our building. So I stopped.
Please help us from rich people.
2 Answers from Attorneys
06.01.2013
Dear Sir / Madam,
We need to go by the rule book, since Sections 78 to 85 of the MCS, Act & Rules, 1960 are very clear about allotment of parking spaces. I am reproducing a few relevant sections below for your reference -
The allotment of parking spaces/stilts shall be made by the Managing Committee on the basis of "First Come First Serves" for availability of parking spaces. However, in case of parking spaces/stilts allotted by the Society, the member shall have no right to sell or transfer the said allotted parking spaces/stilts to anybody. (Section 78(b).
No member may be entitled to utilize more parking spaces/stilts than what is allotted to him/her by the Managing Committee/Builder (Section 79).
In case the number of vehicles of eligible members are in excess than the available parking spaces.stilts, the Managing Committee shall allot such parking spaces/stilts by 'lot" on yearly basis (Section 82).
Regards,
FCA Prashant Chavan
Mumbai-9920299337
(You can also mail me for further on-line advice at [email protected])
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