Society has been charging me additional parking in my maintenance bills

Shivendra Pratap Singh


High Court Lucknow

Civil Law

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Advised on 23 Mar, 2023

Question: Society has been charging me additional parking in my maintenance bills.

Asked from: Uttar Pradesh

Could you please provide me with more details about your situation? Here are a few questions that might help me better understand your issue:

  1. Are you a tenant or an owner of the property?
  2. Is there a designated parking area for the property?
  3. Was there any agreement or contract that specified the terms of your parking arrangement?
  4. When did you start being charged additional parking fees?
  5. Have you tried discussing this issue with the property management or owner?

Please provide as much information as possible so I can provide you with the best possible advice.

Question: I am owner and paid one lakh rupees for the parking. When the new members joined the society they have increased the amount of parking fee without holding the general meeting. No referendum was held by the society for increasing the parking fee. Can I challenge the action of the society before any appropriate forum?

As an owner of the property, you have the right to question any increase in fees without proper communication or agreement. Based on your description, it seems that the society did not follow the proper procedures for increasing the parking fee, such as holding a general meeting or conducting a referendum.

You may want to take the following steps to challenge the society’s action:

  1. Review the society’s bylaws or governing documents to ensure that the society did not follow its own rules for increasing fees.
  2. Contact the society’s management or board to discuss your concerns and ask for an explanation of the increase in parking fees.
  3. If you are not satisfied with the response from the management or board, you may want to consider filing a complaint with the Registrar of Co-operative Societies or other appropriate regulatory body in your area.
  4. You may also consider consulting with a lawyer who is knowledgeable about co-operative society laws to discuss your legal options.

Remember to document all communication and interactions with the society’s management or board, as well as any receipts or documents related to the parking fee. You should also look the bye laws of the society. If it has any illegal clause then you can approach the society registrar to set-aside that clause. This information may be helpful if you decide to take legal action.