If the society loses the case, requiring the winning member to pay the society's advocate fees would generally not hold up legally.
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Sir, We have 122 members and our builder had provided 86 demarcated car parking slots only in podiums and stacks named P0,P1,P2,P3(ie three stored building with two car lifts and 45stacks). In the 1st Annual General body meeting held on 10th September 2023, Agenda14, society provisional committee have finalized parking policy which only allowed owners 1car and 1bike parking and tenants were banned from all parking. Parking charges were fixed to Rs250per month for car and Rs100 per month for bike without explaining actual maintenance expenses of car parking infrastructure and started issuing monthly maintenance bills to flat owners from January2024. Our society has five securities and out of five securities two securities exclusively monitoring cars and bikes movements daily (in two shift). My doubts about car parking charges were not properly clarified in the AGM dtd.10/9/23 by the previous Chairman and secretory (ie they own cars) and also not replied to my letter AH2024-1 dated 01/02/2024. After joining newly elected managing committee in March2024, I came across different maintenance expenses required for car parking infrastructure are as follows and our society collects only Rs 250/pm from car owners and other car infrastructure expenses are equally collected from 122 members which not justified. a) Two car lift AMC is Rs 243600, monthly it will be Rs20300per month. b) 45 nos. car Stacks AMC is Rs 315000, monthly it will be Rs26300per month. c) Electrical power consumption for 2 Car lift per month Rs.20000/- d) Electrical power consumption for 45 Car Stacks per month Rs.15000/-approx. e) Electrical power consumption for 95 tube lights 15watts (7pm to 7am daily usage) per month Rs 8000/-approx. f) Two securities half AMC 180000/- monthly it will be Rs15000per month. g) Housekeeping AMC Rs315000/-, if we take 25% of actual monthly then it will be Rs6500per month. h) Sprinkler system of Fire AMC Rs50000/-, if we take 25% of actual monthly then it will be Rs1000per month. i) CCTV and Intercom AMC Rs40000/- , if we take 25% of actual monthly then it will be Rs800per month. j) Building insurance not yet finalised k) Depreciation of Car lifts, 45stacks, sensors, CCTV Cameras etc. Total expenses per month for 86 cars parking is Rs112900/- without j) and k) which has to be recovered from Car parking users. As per latest status only 51cars are parking and pays Rs250 per month=Total Rs12,750/- per month which is far less than expenses paid by our society per month. The previous committee added certain car parking expenses in all members bills (ie 122 members) included in electrical charges and service charges which were not explained to general body, saying this is common amenity. I wrote request letter to new elected committee to decide appropriate car parking charges as explained above for ready references and remove it from nonuser s monthly maintenance bill (ie included in service & electrical charges) in the forthcoming AGM. Also requested them to consult Dy. Registrar, co-op housing Societies or the Auditor of our Society. i hereby request you to provide solution for illegal enormous parking charges to non car owners. Thank you  CHS, property-related issues
Given the situation, it is advisable to formally approach the Deputy Registrar with all relevant correspondence, including details on the resolutions, AGM decisions and the society s bylaws....Read More
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