Parking issue in cooperative society

Dear client,

No, legally you are not automatically eligible to park your second car inside the society by using your relative's slot, and the Managing Committee is operating within standard cooperative housing society bye-laws by rejecting your request.The Legal Framework for Society ParkingCooperative Housing Society (CHS) Model Bye-laws (such as Bye-law No. 78 to 84 typically applicable under State Cooperative Acts like the Maharashtra Co-operative Societies Act) dictate strict criteria for parking allocations:Vehicle Ownership Rule: To be eligible for a parking space, the vehicle must be owned by the member or explicitly allotted to them by their official employer. Since the car is registered in your name and not your relative's, the society cannot allot a slot to your relative for that vehicle.Non-Transferability: A parking slot is a common area amenity vested with the society. A member has a right to use a slot if they have an eligible vehicle, but they cannot sell, lease, or transfer their parking privilege to another resident or relative.Second Car Restrictions:

The General Body has the absolute power to pass a resolution restricting second vehicles if space is scarce. The principle of "One Flat, One Car" is widely upheld by Cooperative Courts to ensure equitable distribution among all members.
When is a Second Car Permitted?Under standard bye-laws, a second parking slot can only be allotted to a member if:There are vacant unallotted spaces available after every single member who owns a vehicle has been given their first slot.The allotment is done officially by the Managing Committee (often via a yearly lottery or waitlist system).Your Available Legal & Practical OptionsIf you wish to pursue this, you cannot simply exchange permissions with your relative. Instead, you must use one of the following approaches:Check for Unclaimed Slots: Request the Managing Committee to provide you with a copy of the Parking Register and the General Body Resolution. If there are actual physical spaces sitting empty inside the premises, the society cannot completely ban a second car; they must allot it to you on an additional fee/charge basis until another first-car applicant claims it.
Add Relative as a Joint Owner on the Vehicle: If you add your relative's name as a co-owner on your second car's Registration Certificate (RC Book), the vehicle will technically fulfill the legal requirements of belonging to that flat. The relative can then formally apply for the parking slot under their membership.File a Dispute with the Registrar: If you find out that the society is practicing favoritism (e.g., allowing some influential members to park two or three cars while denying you), you can file a formal complaint under Section 91 (or the corresponding section of your state's Cooperative Societies Act) before the Deputy Registrar of Cooperative Societies or the Cooperative Court for unjust discrimination.

Apart from this the state laws might be applicable.

Dear Client,
The legality of parking a second car in a Co-operative Housing Society depends primarily upon the provisions of the applicable Co-operative Societies Act, the Rules, the registered bye-laws of the Society, and the resolutions validly passed by the Managing Committee or General Body. If the Society has duly passed a resolution providing that members owning two cars shall park their second vehicle outside the Society due to limited parking space, such resolution may generally be enforceable against the members, provided that it has been passed in accordance with the applicable bye-laws and statutory provisions. The fact that a relative residing in the Society does not own a car does not, by itself, create an automatic legal right for another member to use the relative's parking entitlement for parking a second vehicle, particularly where the vehicle is not registered in the relative's name. Parking rights in a Co-operative Housing Society are generally governed by the Society's bye-laws and the lawful allotment or availability of parking spaces, and cannot ordinarily be claimed merely on the basis of personal relationship or consent of another resident. However, if the Society's rules permit the use or allotment of an available parking space to another member with the consent of the person entitled to use it, or if the resolution is discriminatory, arbitrary, or inconsistent with the applicable bye-laws, the decision of the Managing Committee may be challenged before the appropriate Co-operative Authority or other competent forum. Therefore, the member should first obtain a copy of the relevant resolution, parking rules and registered bye-laws of the Society and verify whether the restriction applies to ownership of the vehicle, allotment of parking space, or the number of vehicles permitted per flat. The final entitlement would depend upon these governing provisions and the availability and allotment of parking spaces within the Society.

Dear Client

The answer depends primarily on the bye-laws of your Co-operative Housing Society and the resolution passed by the General Body. If the Society has validly resolved that members owning two cars cannot park their second vehicle within the Society premises, the Managing Committee is generally entitled to enforce that resolution uniformly. Merely because another member or your relative has an unused parking space does not automatically entitle you to use it, unless the Society's bye-laws or the applicable rules permit such an arrangement.

If the Society has rejected your request solely because the second car is not registered in your relative's name, you may examine whether the resolution or the bye-laws contain such a restriction. If the decision is arbitrary, discriminatory, or contrary to the registered bye-laws, you may challenge it before the competent authority under the applicable Co-operative Societies Act.

You may consult a local lawyer or advocate for advice based on the specific facts and documents of your case.