stilt parking related issued

4 years ago

Dear Sir,

I stay in Golden park soc Since 2005. Total 28 flats are there. We have formed co op soc in 2008 in non co operation as builder refused to do so. Obtained OC there after. After formation of society we have decided not to purchase parking slots from builder. But few members approached builder and purchased the same. In year 2013 we passed resolution in this regards and decided that since the ownership of stilt is with society no one is authorised to purchase or sell stilt parking. Since all members not having four wheelers that time we have decided to take 25000/- interest free refundable deposit from such members and allowed them to park their vehicles. Last year one of our member sold his flat along with parking and our committee members issued noc for this transaction. Now 15 out of 28 members requesting committee members to allot stilt parking on rotational basis as per the provisons of byelaws. But the committee members, chairman, secretary and treasurer ane two other committee members have purchased parking from builder. Now they are taking all the decisions in their favour and imposing their decisions on us. We have decided to dissolve this committee.

I need your assistance on following :

1) Now we want to dissolve this committee. May I know the procedure for the same?
2) We have asked for legal documents from such members but they refused to give us copy of the same?
3) They are not accepting any letters from us. WE send all the letters through registered post but they don’t reply our letters properly.
4) Our secretary is not owner of flat. His brother issued power of attorney in his favour. I want to know whether such person is eligible to hold position of secretary? If not how we can remove him from the post.
5) Where can we file legal petition against such members (parking holders) to cancel their ownership of stilt parking which is illegal?
6) What are the chances of wining case?
7) Can you suggest name of good lawyer in thane who can help us in the matter.

Thanks and Regards,

Varsha Utekar