PARKING SPACE ALLOTMENT LETTER

__________
(Registered under __________ — Registration No. __________)
Registered office: __________

Date: __________
Place: __________, __________

To
__________
Flat No. __________
__________

Subject: Allotment of parking space No. __________ for one __________ bearing registration No. __________

Dear __________,

1. The parties and the authority for this allotment

1.1 __________ ("the Society") is a co-operative housing society registered under __________ bearing Registration No. __________, having its registered office at __________. The management of the Society vests in its Managing Committee ("the Committee") under that Act, the Rules made under it, and the registered bye-laws of the Society ("the Bye-laws").

1.2 You, __________ ("the Member"), are a member of the Society on its register of members, and hold Flat No. __________ in the Society's building ("the Flat").

1.3 The Committee is empowered to allot parking spaces to members by __________, read with the Bye-laws and the resolutions of the general body of the Society.

1.4 Notice of the meeting of __________ was served on all persons entitled to receive it on __________, in the manner and within the time required by the Bye-laws. At that meeting, held on __________, __________, it was resolved to allot to the Member the parking space described in the Schedule, on the terms set out below.

2. What this letter grants, and what it does not

2.1 The Society allots to the Member, for the term stated in clause 4 and on the conditions in this letter, the use of the parking space described in the Schedule ("the Parking Space").

2.2 This letter grants a bare and revocable licence to use a part of the common property of the Society. It does not sell, convey, transfer, assign, lease or demise the Parking Space. It creates no ownership, tenancy, sub-tenancy, easement or other right or interest in immovable property in favour of the Member. Possession of the Parking Space remains with the Society at all times.

2.3 The Parking Space is and remains the common property of the Society, held for the benefit of the members as a whole. In Nahalchand Laloochand Private Limited v. Panchali Co-operative Housing Society Limited, (2010) 9 SCC 536, the Supreme Court held that stilt and open parking spaces form part of the common areas of a building and are not separately saleable by the promoter. No amount payable under this letter is the price of the Parking Space, and the Society has received no amount as such a price.

2.4 The Parking Space does not form part of the Flat and is not property appurtenant to it. The Society does not treat the Parking Space as adding to the value of the Flat for the purposes of its own records or the transfer premium payable under the Bye-laws.

3. Basis of allotment

3.1 The allotment has been made on the basis of __________.

3.2 This is __________.

3.3 The Society follows the rule that no member is allotted a second parking space while the application of any member who has no parking space remains pending.

4. Term and renewal

4.1 The allotment takes effect on __________ and expires on __________, unless revoked earlier under clause 9.

4.2 The allotment does not renew automatically. The Member may apply in writing for renewal at least thirty days before expiry. Renewal is at the discretion of the Committee, which will have regard to the applications of members who have no parking space, to any change in the Society's parking plan, and to the Member's compliance with this letter.

4.3 Continued use of the Parking Space after expiry, with or without the Society's knowledge, does not renew the allotment and creates no right in favour of the Member.

5. Charges

5.1 The Member shall pay parking charges of __________ per month, billed and payable __________. These are charges of the Society levied on a member. They are not rent, not a licence fee for premises, and not consideration for the sale of any space.

5.2 The charges may be revised by the general body of the Society. A revision applies to the Member from the date fixed by the general body, without any amendment to this letter.

5.3 If any amount under this letter is not paid by its due date, the Member shall pay simple interest at __________% per annum from the due date until payment, that rate being fixed by the general body of the Society and being within the maximum permitted by the Bye-laws.

5.4 The Society may recover arrears through __________, in addition to exercising its rights under clause 9.

6. Conditions of use

6.1 Subject to clause 7.4, the Member shall park in the Parking Space only the vehicle described in the Schedule, or such other vehicle as the Committee records in the Society's parking allotment register. If the vehicle described in the Schedule is sold, replaced, or its registration number changes, the Member shall inform the Society in writing within seven days; the Schedule is treated as amended once the Committee records the change.

6.2 The Member shall park wholly within the marked boundaries of the Parking Space, and shall not obstruct any other parking space, driveway, ramp, entrance, staircase, lift lobby, refuge area, electrical room, pump room or fire tender path.

6.3 The Member shall not carry out servicing, painting, denting, welding or major repairs in the Parking Space, and shall not allow oil, fuel, coolant or battery acid to spill. The Member shall clean any spillage, or shall pay the Society's cost of doing so.

6.4 The Member shall not store goods, fuel, cylinders or combustible material in the Parking Space, and shall not use it as a storeroom, workshop or living space, or for any purpose other than parking a vehicle permitted under clause 6.1 or clause 7.4.

6.5 The Member shall not erect any shed, roof, enclosure, gate, chain, bollard, lock, tile, kerb, platform, name board or fixture in or around the Parking Space, and shall not alter its flooring, markings or numbering, without the Committee's prior written permission.

6.6 The Member shall observe the Society's parking rules, speed limits and fire safety requirements, the directions of the Society's security staff, and the requirements of the local authority and the fire service.

6.7 The Member shall keep the vehicle comprehensively insured and roadworthy. A vehicle that is not in running condition shall not be kept in the Parking Space for more than thirty consecutive days without the Committee's written permission.

7. The allotment is personal and not transferable

7.1 Except as provided in clause 7.4, the Member shall not sell, transfer, assign, sub-licence, let, exchange, pledge, part with or otherwise deal with the Parking Space or the benefit of this allotment, whether for consideration or not, and whether in favour of another member or of an outsider. Any such purported dealing is void and is a ground for immediate revocation.

7.2 The Parking Space cannot be sold or transferred along with the Flat, and it cannot be sold or transferred separately from it. No price, premium or consideration paid by any person for the Parking Space — whether to a promoter, a previous occupant or another member — binds the Society or creates any right against it.

7.3 On transfer of the Flat, or on the Member ceasing to be a member of the Society for any reason, this allotment stands cancelled on the date of that transfer or cessation, without further notice. The transferee acquires no right to the Parking Space and must apply to the Committee for a fresh allotment.

7.4 __________

8. The Society is not a bailee

8.1 The Society allots space only. It does not take custody of the vehicle, and no relationship of bailor and bailee arises between the Society and the Member.

8.2 Neither the Society, nor the Committee or its members, nor the Society's employees, security agency or contractors, is liable for theft of, loss of or damage to the vehicle, its accessories or anything left in it, or for any injury or damage arising out of the Member's use of the Parking Space, however caused, except for loss or damage caused by their own wilful act or gross negligence.

8.3 The Member shall indemnify the Society against any loss, damage, claim, cost or liability the Society suffers because of the Member's vehicle, the Member's use of the Parking Space, or the Member's breach of this letter, including damage to the building, the flooring, any other vehicle, or any person.

9. Revocation, relocation and temporary vacation

9.1 The Society may revoke this allotment by __________ days' written notice to the Member, and may by the same notice relocate the Member to another parking space of a comparable kind.

9.2 The Society may revoke this allotment with immediate effect if the Member breaches any condition of this letter and does not remedy the breach within seven days of written notice; or if the Member's parking charges or other dues to the Society remain unpaid for __________ months or more; or if the Member ceases to be a member; or if the Member no longer owns or possesses a vehicle of the class stated in the Schedule and no vehicle permitted under clause 7.4 is using the Parking Space.

9.3 The Member shall temporarily vacate the Parking Space, on forty-eight hours' written notice, for structural repairs, waterproofing, fire safety works, painting, statutory inspection or any emergency. The Society will offer an alternative space if one is available; if none is available, the parking charges for that period will be waived proportionately.

9.4 If the Society's building is taken up for redevelopment, or if the members vacate the building for any reason, this allotment ends on the date the Member vacates the Flat. Parking in any new or reconstructed building will be allotted afresh under the Bye-laws and the terms of the redevelopment.

9.5 On revocation or expiry, the Member shall immediately remove the vehicle and all belongings from the Parking Space and shall pay the parking charges up to that date. Charges paid in advance for any later period will be refunded on a pro-rata basis.

9.6 If the Member fails to remove the vehicle, the Society may, after seven days' further written notice, move the vehicle to another place within the Society's property at the Member's risk and cost, and recover that cost from the Member as dues.

10. Notices

10.1 A notice under this letter is validly served on the Member if delivered by hand at the Flat against written acknowledgment, or sent by registered post acknowledgement due or by speed post to the Member at the Flat or at the address recorded in the Society's register of members.

10.2 A notice sent by registered post acknowledgement due or by speed post is deemed served on the fifth day after posting, whether it is accepted, refused or returned undelivered.

10.3 A notice to the Society must be delivered at its registered office against acknowledgment, or sent by registered post acknowledgement due addressed to the Hon. Secretary at that address.

11. The bye-laws prevail

11.1 This letter is subject to the Bye-laws, to __________ and the Rules made under it, and to the resolutions of the general body of the Society. If anything in this letter conflicts with the Bye-laws or with that Act, the Bye-laws or that Act prevail, and the rest of this letter continues to apply.

11.2 No forbearance, delay or oversight by the Society in enforcing any condition of this letter waives that condition or any other.

12. Disputes and jurisdiction

12.1 The Member shall first raise any grievance about this allotment in writing with the Committee, which shall consider it at its next meeting and communicate its decision in writing.

12.2 A dispute not resolved under clause 12.1 shall be __________.

12.3 Subject to clause 12.2, the courts at __________, __________ have jurisdiction.

13. Acceptance

Please sign and return the duplicate copy of this letter in token of acceptance. Use of the Parking Space is in itself acceptance of these conditions.

SCHEDULE — PARTICULARS OF THE ALLOTMENT

For and on behalf of __________

By order of the Committee

________________________
__________
Hon. Secretary

(Seal of the Society)

ACCEPTANCE BY THE MEMBER

I, __________, holder of Flat No. __________ in __________, accept the allotment of parking space No. __________ on the terms of this letter.

I confirm that I understand that the Parking Space is the common property of the Society, that it has not been sold or transferred to me, that no ownership or tenancy right in it has been created in my favour, and that this allotment is revocable by the Society and is not transferable by me.

________________________
__________
Date: ____________ Place: __________

Witnesses to the Member's acceptance

1. Name: ________________________ Address: ________________________ Signature: ________________

1. Name: ________________________ Address: ________________________ Signature: ________________