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Can an unregistered association impose a fine on me?
28-Dec-2023 (In Property Law)
Hello all, I recently upgraded my car and the new vehicle unfortunately cannot enter my parking lot because of a pillar preventing me from turning. Because of this, I have been parking my vehicle in the undesignated visitors parking area. My apartment association (not registered) is now threatening me with a fine. They have done many such things in the past because nobody bothers questioning but this is turning out to be a huge harrassment for me now. I have two questions: 1 - Can an unregistered association impose such a fine on me? 2 - The place where I park is used by everyone to park and I'm not obstructing anyone. Is this illegal for me to do so? What recourse do I have here? Thank you!
Hello Sir/Madam,
If its an unregistered association then you do not have to worry. Give them an explanation in writing to the effect that you are parking in the said space as your regular allotted parking space is too small. If they are registered, then you might have to go through their bye - laws and see if the Association itself while registering consciously has put the clause to levy such a fine.
If its an unregistered association then you do not have to worry. Give them an explanation in writing to the effect that you are parking in the said space as your regular allotted parking space is too small. If they are registered, then you might have to go through their bye - laws and see if the Association itself while registering consciously has put the clause to levy such a fine.
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Adv. Robin Christopher J
Bangalore | 25+ Answers
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1. When the association is not yet registered, they don't have the right to ask fine from you. Moreover it the duty of the said members to arrange a parking for your car in case if you have offered car parking at the time of purchase. You can seek for car parking on the basis of sale deed, if the said sale deed contains the clause with regard to car parking felicity only.
2. First Confirm that the said place is a "Non Parking" area as per your building plans. ? if yes, you cant park the car that become the volition of building rules.
If not, and if others are parking as you informed, then you can proceed.
2. First Confirm that the said place is a "Non Parking" area as per your building plans. ? if yes, you cant park the car that become the volition of building rules.
If not, and if others are parking as you informed, then you can proceed.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Associations cannot unilaterally make decisions on their own on passing rules or as to imposing penalties. Associations are guided by their bye-laws, which will govern the running of associations. If your Association is attempting to impose fine on you arbitrarily, and without treating on par with others who park cars in the visitors parking, it is not binding on you. You can file a suit for injunction against the people who claim to be running the Association.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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