Right for use of club house / gymnasium / swimming pool facilities by tenants
Tipsy
(Querist) 28 July 2013
This query is : Resolved
Sub : Clarification of the Right for Use of club
house / gymnasium / swimming pool
facilities for those residing as tenants/lessees
Dear Sir,
We are the the flat owner of Neelkanth Valley CHS Federation Ltd and we have a joint interest in associated facilities and amenities
In a development agreement, the builder has provided additional facilities by way of gymnasium, club house and swimming pool and makes such facilities available to the existing as well as new members, Now we need Clarification of the Right for Use of club house / gymnasium / swimming pool facilities for those residing as tenants/lessees by levying non Occupancy charges for the use of such facilities.
We have rented property for a long term stay for more than 6 months and less than 3 years and have inserted the clause into the Registered Lease agreement specifying that such associated facilities and amenities such as club house / gymnasium / swimming pool will be accessible by the occupant since our properties come along with the associated facilities and we are paying Non Occupancy Charges to Kaveri CHS Ltd.
We want to know whether tenants/lessees are allowed to use club house and Gymansium facility in Neelkanth Valley complex , Ghatkopar Where there are 11 building having individual society and a apex body called Neelkanth Valley Cooperative Housing Society Federation Ltd and 11 buildings are there members.
Now the Neelkanth Valley Cooperative Housing Society Federation Ltd committee don’t allow tenants/lessees to use the club house / gymnasium / swimming pool facility ,even though owner of the flat has allowed to use these facilities and also paying non occupancy charges to Kaveri CHS Ltd.as per Bye-law No.
43(2)(iii)(c)
Pl guide for the Use of club house / gymnasium / swimming pool facilities which is restricted to authorized members of the society and not allowed to the member residing as tenants/lessees.who are for long stay
Kindly clarify the matter in writing
Thanking You, in anticipation
Yours truly,
Bharat Parekh
ajay sethi
(Expert) 28 July 2013
is there any such provision in the bye laws adopted by Hsg Society federation disallowing lessees/ tenants etc from using the said facilitates .request the Federation to give reasons in writing.
the reasoning of the Federation would be that only members of Society who have been granted membership to the club would be entitled to the use of club house/gym etc . since the tenants , licensees are not members of the club they would not be permitted to use said facilities .
R.K Nanda
(Expert) 28 July 2013
agree with Mr. Sethi.
Raj Kumar Makkad
(Expert) 29 July 2013
This is your repeated query which requires no reply.
Rajendra K Goyal
(Expert) 29 July 2013
Similar query under different headings:
In housing society rented premises allowed to use club house and gymnasium facility ?
http://www.lawyersclubindia.com/experts/In-housing-society-rented-premises-allowed-to-use-club-house-and-gymnasium-facility--410056.asp
Rules for use of club house / gymnasium / swimming pool facilities for those residing as tenants ?
http://www.lawyersclubindia.com/experts/Rules-for-use-of-club-house-gymnasium-swimming-pool-facilities-for-those-residing-as-tenants--410821.asp#.UfYk_22Lq_I
http://www.lawyersclubindia.com/experts/Tenants-can-use-gymnasium-club-house-swimming-pool-by-paying-non-occupancy-charges-as-oer-bye-law-410961.asp#.UfYlkm2Lq_I
