Yellow divider line marked by you between our parking slots

[Anantha Prasad]

Today morning in the presence of Management Committee representatives, the width of our parking slots were measured.

Following are the details: -

The total width from the gym wall to the outer most point upto to the pillar measures at 215 inches as per the markings made by the builder.

Accordingly, the divider line between the two parking slots to be laid a distance of 107.5 inches from the gym wall.

However, the current divider line drawn by you earlier is at a distance of 96-98 inches from the gym wall. (The line is tapered)

Hence the existing divider marked by you is at an unequal distance and is eating into my parking space. Thus the existing divider line is void and not valid.

As discussed with MC, a new divider line is required to be drawn at a distance of 107 inches from the gym wall.

The activity of erasing the existing divider line and painting of a new divider line will be completed by me during the course of the week.

For your information and compliance please.

Regards,

Ananth

[dhananjaya.becs]

When the marking was done sometime in 2012 or before the length was measured accurately considering the pillar starting point from the car parking area to gym room wall....I don't remember the exact measurement..but I don't agree that the difference as measured now is accurate as the difference is more.......let's measure it when both parties are present in presence of committee...

Management committee has not communicated anything on this matter. I cannot just blindly believe in ur mail...I need official communication from secretary on this. As the matter being under discussion involves my property car parking area, I want to be present when the committee measures or does any marking....

Along with divider line suggest to put the guidance line in both parking too to help to give sufficient gap in between parking slots as agreed upon last year...hope u had earlier mail communication...

Sent from Samsung Mobile

[Anantha Prasad]

Dear managing committee,

Request your support in making the measurement and redrawing the divider line at the earliest in the presence of both owners.

Request confirm to enable me arrange for the painter.

Regards,
Ananth

--
You received this message because you are subscribed to the Google Groups "VSCozy_Committee" group.
To unsubscribe from this group and stop receiving emails from it, send an email to vscozy_committ...@googlegroups.com.
Visit this group at http://groups.google.com/group/vscozy_committee.
For more options, visit https://groups.google.com/groups/opt_out.

[Anantha Prasad]

The meeting to measure the parking space and mark the divider line in the presence of the MC representatives has been setup today at 8.30pm. For your information and presence in the meeting.

Dear MC:- As discussed and scheduled the meeting, requesting your presence and mediation to resolve the matter.

[Dhananjaya Padmanabhachar]

It's not possible today due some personal commitments....keep it on the weekends and do inform atleast 2-3 days advance

[Dhananjaya Padmanabhachar]

Yesterday I measured the car parking width and it came to somewhere around 186 inches and the yellow divider line is almost at the center of the car parking slots..This is for your information...

[Anantha Prasad]

There is a serious error in your understanding the distances. The 26 inches space is going un- accounted due to which i am losing about 13 inches wide space. The matter be best discussed in the presence of M C representation and mediation.

As per your requirement, am ok to meet on weekends. Accordingly the meeting will be held on  Saturday, 22nd Feb 2014 at 10am.

[Dhananjaya Padmanabhachar]

Forwarding to committee mail id..

---------- Forwarded message ----------
From: "Dhananjaya Padmanabhachar" <dhananj...@gmail.com>
Date: 18 Feb 2014 18:35
Subject: Fwd: Re: Yellow divider line marked by you between our parking slots
To: "V S Cozy" <vsc...@gmail.com>, <vscozy_...@googlegroups.com>
Cc:

Dear V S Cozy Committee,

I received a mail from the owner of the flat 206 to have a meeting with committee members to resolve the car parking issue. I personally dont want to meet the 206 flat owner on this matter unless the meeting is chaired by the authorized committee member (Secretary/President).

We had one meeting in the past (Sometime in August or September last year) to resolve the parking issue and in front of all the committee members the owner of the flat 206 has agreed to put the guidance line in his parking space and later i was suppose to put guidance line in my parking space. He has mailed also about the same which i had sent to the committee yesterday. But i didnt see any guidance markings from the owner 206 till today. Now he is raising another issue that the divider line is not correct.

So to address both the issues of divider line and guidance line he has mailed me for a meeting. He also said that he has informed the committee to be present. As i have not received any communication from the authorized management committee, i am writing this mail to confirm if authorized management committee members will be present for the meeting or not. If i dont get any confirmation from yourside, i will not attend his meeting as scheduled.

Thanks and Best Regards
Dhananjaya
#306, V S Cozy Apartment

---------- Forwarded message ----------
From: "Anantha Prasad" <sap...@gmail.com>

[Prashant Kulkarni]

Dear Dhananjaya and Ananth

Please note that the Association will not interfere in dividing or drawing the guidance line in the parking area. Drawing line or dividing the parking space is entirely responsibility of the resident with mutual consent.

However if agreed by both of you, some of the MC member will be present to sort out this issue with mutual understanding but  this meeting will not go on record.

Thanks and regards

Prashant Kulkarni

[Dhananjaya Padmanabhachar]

Dear Prashanth,

Thanks for your response. I agree with you that, putting guidance line in individual parking slots is left to owners who are sharing the car parking area. But the issue which the owner of the flat 206 is raising on the divider line which separates the two car parking slots.

So, I strongly recommend association management committee intervention on this issue because parking area is a common area and the association management committee has the responsibility of managing the common areas.

Thanks and Best Regards

Dhananjaya

#306, V S Cozy Apartment

[Anantha Prasad]

The scheduled time for the meeting on Saturday 22nd march stands revised to 8:30 pm considering the routine working day  and other engagements of MC members.

Ananth

[Dhananjaya Padmanabhachar]

I haven't received any confirmation from authorized management committee member (President/Secretary) about this meeting..so until there is no confirmation from the them, the meeting schedule does not make sense...In the previous e-mail, you have mentioned that, you have spoken to management committee and fixed the meeting schedule on Saturday morning..Now revising it..so I cannot just believe in your mails, unless authorized committee members confirms the meeting schedule....

Evening time, its not possible for me to attend the meeting, keep it on any weekend morning time. 

[Dhananjaya Padmanabhachar]

Dear V S Cozy AOWA Committee,

I have received a mail from the owner of the flat 206 once again today that, the meeting to resolve the car parking issue has been revised to Saturday evening 8.30 PM. But I haven't received any confirmation from authorized management committee members about this meeting schedule. Do we have the meeting on Saturday evening? If authorized committee members are chaired, then I will attend this meeting by cancelling my personal commitments. 

Also, I wanted to reiterate once again that, we had similar meeting in the past, on 15th September 2013 at 10.00 PM in Association office in presence of all the committee members and the owner of flat 206 has agreed to put the guidance line, but no action has been taken. So, I don't want to attend one more similar meeting where there is no results after the meeting. Suggest the committee to record this meeting so that, there will be a binding on both the owners to resolve the issue. For committee's reference, I am attaching the mail copy which the owner of the flat written to me on 26th Sept 2013 and confirmed about drawing guidance line.

Thanks and Best Regards

Dhananjaya

#306, V S Cozy Apartment

---------- Forwarded message ----------
From: Anantha Prasad <sap...@gmail.com>
Date: Wed, Feb 19, 2014 at 9:28 PM
Subject: Re: [vscozy_committee] Re: Yellow divider line marked by you between our parking slots
To: dhananjaya padmanabhachar <dhananj...@gmail.com>

[Anantha Prasad]

Based on the communication and need expressed by the owner of flat 306, I have been waiting for the association MC to confirm their availability for the meeting. However, there is no response in this regard.

As there is no confirmation till now, would not be available tomorrow as earlier intimated. If the MC does not respond to be present for the mediation on Sunday morning before 9.30am, am going ahead with making the measurements and marking the boundary.

The onus is now on the owner of flat 306 to bring the MC to the table based on his requirement.

V S COZY AOWA MC - Please note as I am not interested in any further issues in this regard.

Regards,
Ananth

[Dhananjaya Padmanabhachar]

Management Committee will be having its own roles and responsibilities to do and as a member of the association, you cannot force or give deadline to management committee. Give sufficient time for the MC to respond...And the matter of interest is the car parking area in common area which association MC manages....without MC presence if you draw any line, it will not be considered legal and I will not agree to it if the divider line is not in the center of the parking lot which separates the car parking areas..As agreed by you in the past on 15th Sept 2013, you will have to put the parking guidance line also. As agreed by me on the same day after you put your guidance line, I will draw my guidance line in my car parking area.

[Anantha Prasad]

As mentioned in my earlier mail, I waited for the MC to respond to the mediation for marking the parking area dividing line, however there has been no response.

 

In view of this stance, as indicated in my earlier mail, I will be marking the centreline between the parking areas taking gym wall as one boundary and the Yellow line marked by the builder as the other.

The yellow lines marked by the builder is the standard boundary for all the parking slots in the premises of V S Cozy Apartment and the same has been considered here also.

The details are as follows: -

 

• Total width between the gym wall and the yellow boundary line marked by the builder = 215 inches.
• centreline between the 2 parking blocks = 215/2 = 107.5 inches (either from gym wall or from the yellow boundary line marked by the builder)

 

Intimation on the date of marking  the barrier line / barricading will be given two days in advance to MC and owner of flat 306. It is now the onus of the owner of flat 306 to comply. The entire cost of the demarcation will be borne by me only.

MC and owner of the flat 306 to take note of the same and ensure compliance.

If due to inaction of stake holders in this regard, there will be no reason or room for any further nuisance in the matter.

Regards,

Ananth

Owner - Flat 206

[Dhananjaya Padmanabhachar]

Further to my previous mail, I wanted to inform the owner of the flat 206 that, the car parking area management is the responsibility of the association management committee. Any line marked by flat owner 206 will not be considered LEGAL and I will not allow any markings to be present on my car parking area. The subject under discussion is the car parking separation line which only authorized MC can put in presence of both the owners of the flat. 

Coming to the calculation of the width of the combined car parking area is not correct. As per the apartment ownership act and guidance given by the supreme court of India, the Ingress and outgres of the cars to be considered for the car parking area measurement. The space in between the pillars cannot be considered for measuring the width of the combined car parking areas. The correct way of measuring the width is "Starting point of the left Pillar from the car parking area and starting point of the Right Pillar". In our case, we have pillar on one side and gym wall on the other side. so the measurement should be done accordingly. Your argument on measuring width does not make any sense to me.

Coming to builder marking on other car parking areas, suggest the owner of the flat 206 to observe the pattern, the direction of the markings. I have not seen any marking done by the builder towards the left and right side of the car parking areas. We cannot consider that marking as starting point because, its illogical. 

Once again, I am re iterating that, if you do any parking lot separation line, its not acceptable to me and I will erase the marking to safeguard my interest. 

If the MC is not responding to the members complaints, the owners have an option to consult the societies of registrar for their intervention or have an option to take the matter LEGALLY and we have a strong judicial system in India to address the complaints. 

Thanks

Dhananjaya

#306, V S Cozy Apartment. 

[Anantha Prasad]

There are certain references relating to Indian Statutes made by the owner of flat 306. It would be appropriate to describe specific references are attached by him staking the claim. As per review of the statutes

1. The Karnataka Apartment ownership Act 1972 does not refer to any calculations of parking areas in any section of the legislation.

2. The Honorable supreme court of India also does not issue any guidance as per the information from judiciary bodies. It only issues judgements and notifications that have status at par to any National legislations.

It now becomes the responsibility of the owner of flat 306 to present the references of guidelines issued by the Honorable supreme court of India with respect to the definitions and extent of parking areas in apartment complexes.

So far ingress and egress to the parking area is concerned, it has been the deeds of the owner of flat 306 that has been constantly jeopardising the movement of my personal vehicle to & fro the parking space and regularly posing a threat to my personal well being by harassment and causing mental agony in the past 3 years. There have been ample instances in the past regarding the same and owner of flat 306 has also personally apologised to me for his wrong doings in the past. The disturbances caused to me due to his irresponsible acts with regard to parking on multiple occasions have been known to other residents in the apartment also. However, the issue was resolved by me in good faith considering the immature behaviour of the owner of flat 306 and the well being of all residents in a community living.

So far the boundary marking made by builder in the parking area, the attached picture clearly depicts the uniformity of markings. If the owner of flat 306 has an objection to the same, he is at liberty to contact the builder and present the evidence for the same to stake his claim instead of causing routine periodical disharmony due to his acts and deeds by blocking my personal freedom.

A peep to the marking made by the builder along the length of the parking indicates the uniformity in the marking made. To stake any discrepancies in this regard as claimed by the owner of flat 306, to be supported by the documentation availed by the builder and clarified to me and the MC.

As staked by the owner of flat 306, If the marking starts from the position mentioned by him, then who is the stake holder for the area between the pillars and why is the vehicle bearing KA-05-HA-844 being illegally parked in the location. The location has to be barred from being a parking place to any vehicle.

If the owner of flat 306 desires to know the doors of the judiciary in this regard it is warmly welcomed and I personally opine that he proceed with the same as it would bring him to books in the best interests of fair opportunity.

I am reiterating that due to the constant harassment and nuisance caused by the owner of flat 306 that hinders the reasonably ease movement of my vehicle, I will be initiating actions to safeguard my interest and the upkeep of my personal belongings.

I take this opportunity to seek the mediation of the MC of VS COZY AOWA to resolve the issue.

Regards,
Ananth

[Dhananjaya Padmanabhachar]

My comments inline in RED for the flat owner 206 mail.

On Tue, Feb 25, 2014 at 9:58 PM, Anantha Prasad <sap...@gmail.com> wrote:

There are certain references relating to Indian Statutes made by the owner of flat 306. It would be appropriate to describe specific references are attached by him staking the claim. As per review of the statutes

1. The Karnataka Apartment ownership Act 1972 does not refer to any calculations of parking areas in any section of the legislation.

2. The Honorable supreme court of India also does not issue any guidance as per the information from judiciary bodies. It only issues judgements and notifications that have status at par to any National legislations.

It now becomes the responsibility of the owner of flat 306 to present the references of guidelines issued by the Honorable supreme court of India with respect to the definitions and extent of parking areas in apartment complexes.

Flat Owner 306's comments: The owner of the flat 206 can contact his legal advisor on the subject to find out exact page and act nos. when the case is presented in the honorable court, the references will be given by my advocate. 

So far ingress and egress to the parking area is concerned, it has been the deeds of the owner of flat 306 that has been constantly jeopardising the movement of my personal vehicle to & fro the parking space and regularly posing a threat to my personal well being by harassment and causing mental agony in the past 3 years. There have been ample instances in the past regarding the same and owner of flat 306 has also personally apologised to me for his wrong doings in the past. The disturbances caused to me due to his irresponsible acts with regard to parking on multiple occasions have been known to other residents in the apartment also. However, the issue was resolved by me in good faith considering the immature behaviour of the owner of flat 306 and the well being of all residents in a community living.

Flat Owner 306's comments:-  The owner of the flat 206 is creating problems to my vehicle movement. The matter has been discussed several times in the past and during 2012, both the parties have agreed to put the divider line in between the parking lots and accordingly, the divider line is present for more than a year.  

I am surprised by his comment that, I have apologised him.....I never apologised him on this subject because, I always keep my car in my allotted car parking area and leave sufficient space in between the cars (See the attached picture, Car parking area.jpg) and it is the owner of the flat 206 who always violates the rules and does not leave sufficient space in between the car parking lots which creates difficulty for me to park my car (See the attached picture, Car parking pic on 25th Feb 2014 Morning.jpg).

We had meeting on 15th September 2013 to put the parking guidance line in our respective parking areas which helps both the parties to leave sufficient space in between the cars and the owner of the flat has agreed to put the guidance line also in front of the committee (The owner of flat has sent a commitment mail also regarding this which I have attached in this mail). But no action has been taken till now.

So far the boundary marking made by builder in the parking area, the attached picture clearly depicts the uniformity of markings. If the owner of flat 306 has an objection to the same, he is at liberty to contact the builder and present the evidence for the same to stake his claim instead of causing routine periodical disharmony due to his acts and deeds by blocking my personal freedom.

A peep to the marking made by the builder along the length of the parking indicates the uniformity in the marking made. To stake any discrepancies in this regard as claimed by the owner of flat 306, to be supported by the documentation availed by the builder and clarified to me and the MC.

Flat Owner 306's comments:-  The owner of the flat 206 is advised to see the attached picture (Car parking Directions.jpg) to find out the directions of the car parking. the MC has the copy of the car parking allotment letters and must be having the building plan as well, so they can refer to the same.

As staked by the owner of flat 306, If the marking starts from the position mentioned by him, then who is the stake holder for the area between the pillars and why is the vehicle bearing KA-05-HA-844 being illegally parked in the location. The location has to be barred from being a parking place to any vehicle.

Flat Owner 306's comments:-  The owner of the flat 206 is advised to check the entire car parking area and he will find most of the two wheelers are parked in between the pillars  and next to their cars without affecting Drive way. Also wanted to inform the owner of 206 that, the vehicle is not parked illegally. I am the owner of the said vehicle and I have parked the vehicle in between the pillars adjacent to my car parking area without affecting drive way path. By the way, the owner of the flat 206 is not authorized to comment on this and he should know his limits.

If the owner of flat 306 desires to know the doors of the judiciary in this regard it is warmly welcomed and I personally opine that he proceed with the same as it would bring him to books in the best interests of fair opportunity.

Flat Owner 306's comments:-  I am in discussion with my legal advisor and I will take appropriate actions whenever the time comes. 

I am reiterating that due to the constant harassment and nuisance caused by the owner of flat 306 that hinders the reasonably ease movement of my vehicle, I will be initiating actions to safeguard my interest and the upkeep of my personal belongings.

Flat Owner 306's comments:-  I am reiterating that, the commitments are broken by the flat owner 206 and not me and he is creating the nuisance and one such nuisance created by the flat owner 206 on 16th Feb 2014 has been recorded in my smart phone (voice) and will be presenting the same to the concerned investigation officer if I decide to take legal actions. The owner of the flat 206 has threatened me on 16th Feb 2014 that, he will burn my car which is also being recorded in voice recording application in my smart phone.

As we are living in community, I personally do not like to take any such legal actions. But if the owner of the flat 206 constantly trying to break the rules formed and if he does not commit to his own words then, to safeguard my interest and my property, I may seek legal proceedings.

As the matter is the car parking separation line, i strongly recommend association management committee to mediate this as the common area management is the responsibility of the association MC.

Thanks

Dhananjaya

[V S Cozy]

Dear Ananth, Dhananjaya,

Since you are not able to come to a mutual understanding on this issue, MC would like to intervene in the interest of our community and give a try to resolve. Are you guys agreeable to take MC's recommendation as final & binding? If yes, we can meet on Friday, 28 Feb 2014 @ 9PM in the basement. For the purpose of this meeting, Ananth will not be treated as part of MC. Please confirm back.

Regards,

Shreekanth

[Dhananjaya Padmanabhachar]

Dear Shreekanth,

Car parking is a common area, so I will agree to association management committee recommendations on the car parking issue so that, both the owners of flat 206 and 306 can park their cars easily and comfortably with the available space for car parking. However, I strongly recommend the association MC to go through the car parking allotment letters issued by the builder, car parking plan and other car parking areas in our building to see how the car parking is being done, where the markings are being done etc before recommendations. And I believe association MC will recommend considering all these aspects. I will be attending the meeting as scheduled on 28th Feb 2014.

Thanks

Dhananjaya