Legal Question in Real Estate Law in India

Can AGM of the society pass something which is contradictory to the court's decision? AGM has approved that a leased flat has to be levied 6 times the charges for parking the car in the open as against a member. Looks illogical. If so, what is the remedy, because as per the amended Bye-Laws, the member cannot approach the registrar and has to go to the court, which is rather difficult for a common man and is expensive.

C K M


Asked on 8/14/13, 4:41 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.08.2013

Dear C K M,

Yes, it is illogical on the part of the Managing Committee and the AGM to approve a resolution that parking charges for a leased flat should be 6 times the charges for parking a car levied to members. You should tell the Society, that it hardly matters, because whether you park your car or the lessee parks his / her car in the Society compound is one and the same. So at the most, the parking charges for a leased flat can be double, than that charged to members.

Now let me clear the next doubt for you. The Maharashtra Societies Housing Federation (MSHF) has not yet approved and passed all the provisions of the 97th Constitutional Amendment Bill in the State Assembly, since it is still being debated. So, it remains your legal right to complain to the Registrar about this illogical arbitrary parking charges being levied to you by the Society and get the Society to reduce it to twice the charge for members.

Regards,

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Answered on 8/14/13, 4:54 am


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