Q. In my society, there is the persistent issue of residents and their guests misusing the visitor parking, which results in severe space shortage and haphazard parking obstructing entryways and traffic flow. Please, suggest an effective solution. – Kashinath Shinde, Mulund
A. Every society is required to have a parking policy, including the provision to deal with the visitor parking, approved by the general body. As per the planning authorities, 5% of the total parking space should be kept for visitors.
If your society does not have a parking policy, the first step is to frame and get it approved in the general body meeting. It should also include the process for requesting a visitor parking. The parking area for visitors needs to be marked and rules should be framed specifying the number of days a visitor vehicle can be parked. They should also clarify the charges a member would have to pay if the vehicle is parked for more than the specified period. Generally, societies allow three days free visitor parking and charges are levied on the member if that period exceeds.
First come, first served rule can be applied to allow parking if the demand is more than the available parking slots. The entry and exit of vehicles need to be registered in a physical register. In the case of a digital register or a mobile app, a real-time record of which vehicle is parked where and for how long needs to be recorded. The society may issue temporary digital permits or passes with a clearly-marked expiration date. This makes it easy for security and other residents to identify authorised visitors. The security patrol or a digital system to monitor the vehicle timestamps can be used.
The society should also define and publicise a towing policy to curb persistent violations and entry of unauthorised vehicles. Clear signage indicating that vehicles may be towed at the cost of the member for unauthorised parking may be prominently indicated in the parking area. Most importantly, the managing committee should publicise the policy through multiple channels, including community newsletters and emails. A meeting can be held to explain the policy and allow the members to voice concerns and ask questions, which will help to curb misuse of visitor parking. Ultimately, it is for the members to cooperate and find solutions.
Q. My society is not allowing my pet to use the lift and garden area. Is such a stand legal? – Archana Gandhi, Khar
A. Our constitution recognises the rights of animals and allows keeping pets in housing societies. Hence, your society cannot take a decision to disallow pets as it will not stand the test of law if challenged. It cannot amend bylaws to ban pets as that would be illegal too. A society even with the consensus of all or majority members cannot ban pets.
If the society succeeds in intimidating you to abandon your pet, it would abet the violation of law and may aggravate the menace of ownerless animals as they are not accustomed to living on the streets. The Animal Welfare Board of India has issued guidelines, dated February 26, with respect to pets, street dogs, their caregivers and housing societies.
As per these guidelines, the societies cannot disallow pets from using lifts, no charges can be imposed for the same and the use of muzzles cannot be insisted. Further, pets cannot be banned from using gardens or parks. The society can decide the specific timing for allowing pets in these spaces. The state cooperative department has issued a circular endorsing these guidelines. Hence, societies have to take into account these guidelines, while drafting their pet policy.
The pet owners are also required to take appropriate care of their animals and keep them leashed when in the common areas. The law states that pet owners have to ensure that their pets do not create nuisance for other members. It also has penalty provision for negligent pet owners.
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
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