Surrender, Cancellation and Re-allotment of Parking Spaces

(a) (i) A Member may voluntarily surrender the parking space allotted to the flat/unit by giving a written intimation to the Society. Upon such surrender, the Society may re-allot the parking space in accordance with these Bye-laws and the Parking Policy.

(b) (ii) The Committee may cancel the allotment of a parking space where—

(i) (a) the allotment has been obtained by fraud, misrepresentation or suppression of material facts;

(ii) (b) the parking space is used in contravention of the provisions of the Act, the Rules, these Bye-laws or the Parking Policy;

(iii) (c) the Member repeatedly violates the lawful directions issued by the Society regarding the use of the parking space;

(iv) (d) the parking space is required to comply with any order of a competent authority or any requirement under applicable law;

(v) (e) the Member ceases to be entitled to the parking space under these Bye-laws.

(c) (iii) No allotment shall be cancelled under clause (ii), except after giving the Member a reasonable opportunity of being heard and by recording the reasons for such cancellation in writing.

(d) (iv) Upon transfer of the flat/unit or cessation of membership, the parking allotment made by the Society shall automatically stand cancelled, unless the right to the parking space is lawfully attached to the flat/unit under applicable law and recognised by the Society in accordance with these Bye-laws.

(e) (v) Every parking space becoming available on account of surrender, cancellation, transfer or any other reason shall be re-allotted by the Society in accordance with these Bye-laws and the Parking Policy.

(f) (vi) Where the number of eligible applicants exceeds the number of available parking spaces, the Society shall maintain a waiting list in a fair, transparent and chronological manner, and every re-allotment shall ordinarily be made from such waiting list.

(g) (vii) A Member whose parking allotment has been cancelled shall surrender possession of the parking space within the period specified by the Committee. Upon failure to do so, the Society may resume possession of the parking space and take such further action as may be permissible under the Act, the Rules and these Bye-laws.

(h) (viii) Cancellation or surrender of a parking space shall not affect the liability of the Member to pay any outstanding parking charges or any other dues payable to the Society.