by Understanding Bye-Law No. 84 of the 2014 Model Bye-laws of Maharashtra Co-operative Housing Societies
Understanding Bye-laws No. 78 to 84 of the Model Bye-laws, 2014
Parking in co-operative housing societies is a sensitive and recurring issue, especially when it comes to commercial or yellow plate vehicles like auto rickshaws, taxis, and tempos. Many members earn their livelihood from such vehicles and wish to park them within society premises. But what do the Maharashtra Model Bye-laws (2014) actually say about it? Let’s understand.
Bye-Laws No. 78 to 84 — The Legal Framework on Parking
Bye-laws 78 to 84 of the 2014 Model Bye-laws define how parking spaces can be allotted, used, and regulated within a co-operative housing society. Here’s a simplified summary:
Bye-law No. 78:
The society shall provide parking spaces for vehicles belonging to members, and the Managing Committee will regulate their use.Bye-law No. 79:
The allotment of parking spaces shall be done by the Managing Committee based on availability, convenience, and fairness.Bye-law No. 80:
Members can apply for parking allotment in writing, and the Committee will decide the allocation annually.Bye-law No. 81:
Members are not allowed to sub-let, sell, or transfer their parking space without society’s permission.Bye-law No. 82:
Visitors’ vehicles may be allowed temporarily, as per society rules.Bye-law No. 83:
The society may collect parking charges as decided in the General Body Meeting.Bye-law No. 84:
A member having a vehicle may be allotted parking space by the Committee, provided that the vehicle is for personal use and not of a commercial nature which may cause nuisance or obstruction to others.
What Does Bye-law No. 84 Mean?
This is the key clause when it comes to yellow plate or commercial vehicles.
The clear intent is that only private (white plate) vehicles — used for personal purposes — should be allowed in society parking spaces.
Thus, a Yellow Plate Vehicle (Auto Rickshaw, Taxi, Tempo, or any Vehicle used for hire or business) does not qualify for regular parking inside society premises, unless the General Body specifically allows it.
Why Are Commercial Vehicles Restricted?
There are several practical and legal reasons behind this restriction:
Public nuisance and safety: Commercial vehicles often cause congestion, oil spillage, noise, and movement of outsiders, affecting residents’ comfort and security.
Fire and access regulations: Heavy or large commercial vehicles may block fire tender routes or internal roads.
Insurance and liability: Society insurance often covers only residential use; commercial parking may violate policy terms.
Aesthetic and community considerations: Societies are meant for residential living; parking commercial vehicles may alter the character of the premises.
Can the Society Completely Ban Yellow Plate Vehicles?
Yes, the Managing Committee can refuse or restrict parking of commercial vehicles based on Bye-law 84.
However, such a restriction must be:
Approved in the General Body Meeting, and
Applied uniformly to all members (no discrimination).
If a member uses a Yellow Plate Vehicle only for livelihood but lives in the society, the committee can adopt a balanced approach instead of a total ban.
Can the Society Possible Middle Ground — Practical Solutions
Societies may adopt the following measures through a resolution:
Night-only parking – Allow the member to park the yellow plate vehicle only during night hours when it’s off-duty.
Designated commercial parking zone – If space permits, earmark a separate section for such vehicles.
Charge differential parking fees – Impose slightly higher parking fees for commercial vehicles due to increased wear and tear.
Undertaking from the member – Obtain a written undertaking that the vehicle will not cause nuisance, obstruction, or outsider entry.
This ensures fairness while maintaining legal compliance and residential peace.
Example Case
In a few housing societies in Mumbai and Thane, members who are auto drivers or cab owners were denied parking. When they complained to the Deputy Registrar, the authorities upheld the societies’ rights under Bye-law 84, stating that parking of commercial vehicles is not a member’s fundamental right, but a conditional facility regulated by the society.
Conclusion
Under the Model Bye-laws Nos. 78–84 (2014), a housing society:
Is not obligated to allow parking of yellow plate or commercial vehicles.
Can legally restrict or prohibit such parking through General Body resolutions.
May permit conditional parking under specific rules ensuring no nuisance or obstruction.
The objective of these bye-laws is not to punish any member but to preserve harmony, safety, and residential character of the society. Members and committees should work together to create a balanced, practical parking policy that respects both livelihood and community peace.
