Parking maintenance
4 years ago
We are a housing society in Thane (Maharashtra) in a 19 storey building. We have 5 parking floors served by 2 parking lifts. The slots have been sold by the builder. In the recent Special General Meeting of the society held for the purpose, it was decided that even though as per the present laws the parking is common property and liable to be allotted by the society, the purchasers from the builder will be deemed as allottees. As expenses on lift maintenance, electricity, housekeeping, security, etc are incurred for the maintenance of the parking floors, a resolution was passed on the maintenance charges recoverable from each parking. The same was arrived at on the basis of certain assumed ratio of the expenses between parking and Residence/ commercial units. One of the members who was present in the General Meeting without raising the issue in the meeting has subsequently stated that such apportioning of expenses on the basis of assumptions is not legal. Since the byelaws are silent on the method of arriving at the maintenance charges, are we legally correct in charging the rates as approved in the Special General Meeting.
You may raise the issue in extro ordinary general body meeting or get issue a legal notice to convey such meeting.
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