Co-operative housing maintenance society - ll agreement
Rayvon
(Querist) 26 February 2024
This query is : Resolved
Hello
The Society is a Co-op. Housing "Maintenance" Society in Goa, India. It has passed a bye-law in AGM demanding Leave and License agreement from Owners who have let out their flats. They claim they want to know who it is let out to.
The owners have already submitted the Police Tenant verification form to the Maintenance society, which has details of every family member of the tenant family.
The Leave and License Agreement being a private agreement between owner and tenant, is being resisted by owners, indicating that Police Tenant verification form is more than sufficient to cater to the security needs of the society.
Can a "Maintenance"-only society demand for Leave and License agreement from Owners, exposing owners income and details to the Maintenance society ?
kavksatyanarayana
(Expert) 26 February 2024
The L.L. agreement or a lease/rental agreement is between the owner and tenant but the society cannot ask for such a copy of the agreement. The Society can ask for maintenance from the owner or the tenant may pay the maintenance charges.
T. Kalaiselvan, Advocate
(Expert) 27 February 2024
The society is trying to exploit the situation for the benefits of some crooked minded committee members. There is no obligation on your part to furnish the demanded details, let them approach court and get that thorough court if court allows their case.
Rayvon
(Querist) 27 February 2024
Thank you for your responses experts. Have hit "Like" on your respective profiles.
Additionally, There were also objections raised in the AGM, which were not recorded in the MoM, and the bye-law was passed at will by the Committee.
One thing that often confuses me is that in some cases here in this forum, there are comments stating that Leave and License agreement can be asked by Society, if passed in AGM.
What law or provision can be quoted to a Maintenance Society to point it out to them that what they are asking is not correct or illegal ?
T. Kalaiselvan, Advocate
(Expert) 28 February 2024
The society cannot ordinarily demand the copy of the leave and licence agreement and if the society has reasons to suspect some illegal activities going on in the premises then it may demand the details including the copy of the L & L agreement
Rayvon
(Querist) 29 February 2024
Learnt that some owner filed a suit on this matter against this Society in Registrar's office. Now the society has sent a bill to the owner(s) demanding recovery of legal fees. In the last AGM, a bye-law was passed that society will recover legal expenses from the member who files a suit.
They have also imposed a fine on owner for non-submission of L&L agreement, again a bye-law passed in AGM.
There was an objection to these bye-laws during the AGM(objection reported in written), but the society committee did not report this objection to registrar in their MoM filings, thus enforcing the bye-law as if being passed unanimously by all member.
Doesn't such a bye-law of legal fees recovery by Co-op Hsg Maintenance Society deter a individual's fundamental right to seek justice ?
Also, Can the owner(s) get such bye-law invalidated citing that objections were not reported to the registrar, and thus registrar's approval was obtained by concealing facts ? Society claims that since minority members raised objections, there is no need to report the objection to registrar.
T. Kalaiselvan, Advocate
(Expert) 01 March 2024
The aggrieved persons can approach the same registrar in their objections and file the said objections recorded as minutes in the meting (by producing the copy of the written objections) and inform the registrar about this illegal and unjustified ruling passed as bylaws and to direct the society to remove the non feasible bylaws.
