In a Co-operative Housing Society, it is mandatory to make the Sub-Lettees/Licensees/Care-takers of Flats as NOMINAL MEMBERS, by charging an entrance fee of Rs 100 (as per the MCS Act) so that the licensees can access and enjoy the common facilities/infrastructure which are provided to the Members of the Society.
The rationale behind the NOMINAL MEMBERSHIP is that the Leave & License Aggreement which is for 11 months sub-letsonly the flat. The Common areas of the Society and the Infrastructure/Facilities such as Swimming Pool, Tennis Courts/Squash Courts are owned by the Society. Can the Society levy a NOMINAL MEMBERSHIP FEE for access and use of common facilities for the period of the license, by the licensees? Can the Society take a refundable caution deposit on the same lines the owner of the flat owner takes before signing the L&L Agreement.
