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About this tool
Draft a housing society parking complaint over a denied slot, encroachment, unfair allotment or illegal parking charges.
This generator turns a housing society parking complaint into a dated written letter that cites the rule it relies on. It builds the grounds from the model co-operative housing society bye-laws — bye-law 78, which requires the committee to allot slots with first preference to members owning a vehicle and to settle competing claims by draw of lots, and bye-law 79, which leaves parking charges to the general body — plus Nahalchand Laloochand Pvt Ltd v Panchali CHS Ltd (2010) 9 SCC 536, where the Supreme Court held that stilt and open parking is common area a promoter cannot sell. Pick the problem, fill in your flat and slot details, and you get a letter with a reply deadline and the escalation dates that follow it.
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Each ground names the bye-law or judgment it comes from instead of asserting a grievance.
Fixes a reply deadline and shows when the two-month statutory notice period ripens.
States slots against member vehicles so the shortfall is a number the committee has to answer.
No. In Nahalchand Laloochand Pvt Ltd v Panchali Co-operative Housing Society Ltd (2010) 9 SCC 536 the Supreme Court held that stilt and open parking spaces are part of the building's common areas and cannot be sold as a separate saleable unit. Section 2(n) of RERA 2016 likewise puts open parking areas inside common areas, while section 2(y) limits what a promoter can sell to a covered, enclosed garage.
Under the model bye-law on parking, the managing committee allots the slots, gives first preference to members who own a vehicle, and where claimants outnumber slots settles it by a draw of lots rather than by discretion. An allotment runs for 11 months and is then renewed, so no member gets a permanent right in a particular slot.
No — the model bye-laws leave parking charges to be fixed by the general body, so the committee cannot introduce or raise a charge without a general body resolution. If a charge appears on your bill, you are entitled to ask which resolution authorises it and to inspect the minutes.
The usual next steps are a complaint to the Deputy Registrar of Co-operative Societies for the ward, and a dispute under section 91 of the Maharashtra Co-operative Societies Act 1960 before the Co-operative Court. Section 164 of that Act requires two months' written notice to the society before such a dispute is instituted, which is why the letter is dated and the deadline is computed. Rules and forums differ by state, so check with a lawyer in your state before filing.