I recently enrolled my car with a radio taxi service provider after I lost my job. I am driving the car myself to support my family. The secretary of my society objected to parking my car in the slot allotted to me stating the car is used for commercial purposes. Can you guide me in this regard?
Parambir Kirpal Singh
Every housing society is required to frame a policy for allotment of vacant parking slots and the charges to be levied, visitors parking, temporary parking slots, etc, duly approved by the general body. The policy can also provide for the parking of vehicles used for commercial purposes. Bye Law 84 provides for parking of such vehicles with the permission of the managing committee (MC) and on payment of charges fixed by the general body of the society. Thus there is a provision for a commercial vehicle to be parked in the society compound. Your society should allow you to park your car on payment of additional charges, if any.
My society has charged different amounts towards non-occupancy charges from me in the last six months. It has not yet replied to my letter seeking an explanation. Please advise.
Haresh Patel, Ghatkopar
Non-occupancy charges can be levied when a member has sublet his house or has kept it vacant. The society cannot charge more than 10% of the monthly service charges. As per Bye Law 68, service charges include salaries of staff, electricity charges and water charges for the common areas including the society office, etc. If the society is not giving explanation for levying a different amount in each bill, you may file a complaint with the registrar directly or online through the sahakar samvad portal sahakarsamvadhousingfed.in.
My society is not providing me a copy of the audit report and annual balance sheet for the past three years. Can I complain to the registrar?
Geeta Saravde, Thane
Section 154B-8 of the MCS Act empowers members to inspect the documents and take copies thereof on payment of the prescribed charges. The society is bound to provide the information / documents within 45 days of the date of making payment to the society. In case your society is not doing that, you can complain to the registrar.
Alternatively you may inspect the document like, certificate of registration, bye Laws of your Society, audit report and balance sheet, etc, in the office of the registrar free of charge and may obtain copies thereof by paying prescribed charges as per Rule 30 of the MCS Rules.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
