Society law - Bachelor tenants prohibited

 The police notification may not be genuine reasons. Certain societies regulate the tenancy and restrict it to bachelors due to administrative reasons. Looking at the perspective from the resident society members it is a reasonable decision. However the tenant you intend licensing is of good reputation, you may persuade the Management Committee for an exception. Usually MC is reluctant to set a precedent.

vasudevan

 Thank you so much Sir. I intend to keep 2 engineers who are currently working for a Reputed MNC at manegerial positions. My only worry is that, if I let out my flat to them, the society later should not force me to vacate the tenants giving their new rule.

SUBJECT TO MAHARASHTRA :

1.  Every citizen of India and non-citizens, or for that matter, Criminals, Politicians, Beggers, Lepers etc... have been granted fundamental rights under the Indian Constitution, to live (reside) anywhere in India, BUT except prohibited and restricted areas.

2.  The MCS Act does have not provisions for "Prohibited & Restricted" areas in the Society premises.

3.  The Mg.committee (MC)  has compulsorily to work under the provisions of the MCS Act and if the MCS Act does not provide for restrictions on "tenants", THEN the MC or GB  resolutions and the General Body (GB) resolutions are "illegal & invalid".  

4.  Even "selective & prohibitive" provisions created under a "bye-law" by the GB, is also  "illegal & invalid".   AS IT IS,  the society or the MC or the GB is a "nobody"   or say "does not have the capacity or capability"  to decide the legallities of such things for which there are various Laws available.  The Society MC or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.

5.  If such instances in society are a regular feature,  then a "suo-moto" application may be forwarded to the Registrar of CHS for  "de-registration" of the society registration, citing the "illegal and invalid" activites and for violation of the "Rule of Law".

6.  The Society is concerned only with 10% extra charges over the regular service charges, as non-occupancy charges and NOTHING beyond this. No arguments, No permision or no nothing required from anybody, under the law.

7.  If such nuisance GB resolutions are allowed in a society, then one can also expect that the GB  may pass resolutions for compulsory "wife swapping" between members  OR  compulsory marriage between the members or "compulsory sale" of flats in case the owner becomes a spinster.

8.  Society does not own the flat owners premises.  It is the discretion of the flat owner to let his property out on rent/lease, under the appropriate terms and conditions prescribed by the Law.  ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commerical or illegal activities and so on).

9. The MH state Government issued an Order dated 1.8.2001 in Public Interest under Section 79 A of the said Act, there by directing the Societies not to charge non-occupancy charges beyond 10% of the service charges (excluding Municipal Taxes).  The Hon’ble Bombay High Court by its Judgment dated the 2nd March 2007, has upheld the Government Order dated 1st August 2001

The legal alternatives for a registered member are ;
1.  Filing a case for deliberate "deficiency and negligence" in the Consumer Forum, citing deliberate violation of the state govt. orders and violation of the bye-laws.
2.  Filing a case in the criminal court, for "Criminal intimidation" and "Criminal Breach of Trust".
3.  Filing a petition with the Deputy Registrar of your ward,  citing  violation of the MCS Act and the bye-laws underneath it.
4.  others (confidential)

In the event, if you want to consider the option of sending your society MC to a legal whirl-wind tour, THEN you may prefer to contact me.

Keep Smiling .... Hemant Agarwal
 

The Society's domain is limited to looking after the common affairs. They cannot interfere in private affairs of its members or otherwise laid down norms disallowing them from doing what the ordinary law authorises them. The flat is the absolute property of the owner. The laws of the land allows unrestricted enjoyment of the same. And that includes assigning to any other person or persons.

I agree with Mr.Hemant. Most of the MC people, two or three in number, always take the etire CHS and GB for ride. Since most of the Members are reluctant, the highnandedness contrinues unchallanged. Such people need to be taught lesson by filing Consumer Complain and by making them pay through their nose for such mischief and misappropriation of power.

The society has no right to set rules of its own.It is solely the flat owners right to whomso ever, he wish to give his appartment on lease.He has to simply fill up a form available at the nearest police stn giving complete information of the tenant. The police will take a fixed amount as daxina & process the matter. Thats all....

Thanks so much! I really appreciate each and everyone's effort in helping me with this situation.

Thanks Hemant.. you've really adviced excellently. I share the same issue as Alok, however he is yet to  update this forum as to what has happened in his case, has he warned to MC or are his tenants able to continue & has the society accepted.

Hemant, Please mail me your contact details & where in mumbai you reside so that i can refer you to my firends n also some people in my bldg.

Thanks

Sorry for a delayed reply and thanks again for all the suggestions and updates! It helped to speak directly to the secretary and the chairman of my society and that too with confidence. After that they have allowed me to keep bachelor tenants. 

Great Alok.. however My fight with my society continues as I've sent them legal notice plus police NC against chairman for sending threntening action against my bachelor tenant. They have now called for Sp.AGM tomorrow to discuss our agenda & so i was wondering it 24 hours notice is enough to call a Sp. AGM

Is Notice for calling a Sp. AGM within 24 hours is this legal.

https://www.lawyersclubindia.com/forum/Minimum-Notice-Time-to-call-an-AGM-or-Sp-AGM/16083/

1.  Special General Body Meetings (SGM)  may be called for those agendas which are of emergency in nature,  but should pertain to the subject / interest of its members or the CHS.

2.  Bachelor-Tenant issue in a members flat is a general subject / interest to the CHS / members and hence cannot be discussed in SGM.   However, tenant issue may be discussed and deliberated (but within the parameters of law) in the Annual General Body Meeting (AGM).

3.  Under  "normal"  circumstances the minimum notice period required for SGM is 6 days and for AGM it is 14 days.  The agenda's for both the meetings should be clearly outlined, else the notice, for such meetings,  is null & void.  In  "abnormal" circumstances AND with proper justifications, the SGM can be called within 12-24 hours.

ABNORMAL CIRCUMSTANCES =  total disconnection of Water/Electric supply by respective authorities, danger to buildings,  security threat or lawlessness,  robbing or thieving or forging share certificates & CHS records  by mg.committee members.

4.  Anything that is contrary to the provisions of Law, cannot be discussed or deliberated or approved or passed in the SGM or AGM.  U/s 73 of the MCS Act,  all the mg.committee members can be held liable for prosecution under the Coop Acts + Criminal Acts + Civil Acts + Consumer Acts.

5.  Personally, I think that most of the CHS MC are really very nefarious and become dictators and land-lords, once they sit / glue on the MC chairs, without introspecting their own  "Capacity & Capability".

Keep Smiling .... Hemant Agarwal
 

The learned members have already given very sound advice. Housing societies usually frown upon bachelors as tenents because that some bachelors(not all) create nuisance for neighbors by the way of loud music, s*x parties, alcohol, flirting with girls etc.

There was a bachelor in our housing society who used to work in a BPO and had habit of sitting in varendah at 2 AM at dead of night with a guitar and singing  "Mere naina savan bhadhon, phir bhi mere man pyasa..................!!!"

Therefore before renting out to tenents, proper due diligence should be done to avoid such problems.

I am facing a similar problem. My co-operative soc is situated in Ahmedabad, Gujarat.

Though I have been guided by Mr. Hemant and I strongly agree with him. There are few lawyers whom I have consulted here and have a different opinion. According to them under Gujarat co-operative socities act, 1961. the co-op socs have the right to prohibit bachelor tenants by passing a resolution with majority voting. The same lawyer also claimed that it was not possible to attain membership in two co-op societies under Guj coop soc act without obtaining prior permission of the registrar.

I will be obliged if someone sheds a little light on this matter and also whether one states (Maharashtra) co-op soc act can differ so much from anothers (Gujarat) to the extent that it deprives a person of its basic rights.

Thank you.

Is there any official gazzate passed by court in this context than please post me