Legal Question in Constitutional Law in India
Dear sir,
i am munshi, reciding at borivali, mumbai . ours is a registered co-operative housing society. recently the committie members passed resolution in agm , to collect rs.15,000/- as deposit for the car parking in open society premises. and for second car rs.25,000/- as deposit .the society is already collecting monthly car parking charges from members. few of the members objected but it was passed by them.
please advise , can society collect such deposits form members for open parking space??? is this allowed as per the society by laws??? if member will not pay thios amount , they will not be allowed to park their car in the compound and also will not be allowed to take car inside. please advise if this is permissible by law to the committie members.
your guidence will help to resolve this issue.
thank you in advance for kind assistance.
1 Answer from Attorneys
Usually the deposits are collected for some service by the society. In this case, you can say that the watch and ward staff are regulating the parking and also ensuring no trespass/ encroachment.
But in this case it is open car park, therefore no amount ought to be collected.
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