Cooperative society subletting charges

Any decision about financial matters to be decided in the annual or special meeting of the association with majority supporting the proposal and passing a resolution accordingly.

Whether the flat is already rented out to someone, who (tenant) want it to be further sub-let to someone else ?

To Dr. J. C. Vashista

A co-operative housng society is known as a tenant co-partrnership society. All members are known as tenants. Hence if any member lets out his flat to a non-member, the non-member is called a sub-tenant.

Security deposits can be levied on sub-tenants. A general resolution passed by the general body is sufficient. There is no need to pass resolution in each case separately. Alternatvely the byelaws of the Society can be amended.

Dr. MPS Ramni ji,

You have stated that, "A co-operative housng society is known as a tenant co-partrnership society. All members are known as tenants. Hence if any member lets out his flat to a non-member, the non-member is called a sub-tenant."

Can you please let me know the provisions of any State Cooperative Soceities Act or Rules, where it can be found that a cooperative housing society is known as tenant, which I am neither aware nor read so far, despite the fact I am residing in a Cooperative Group Housing Society in Dwarka, New Delhi since the year 2000, where I have been an elected member of Managing Committee 2009-2012 (3 years tenure as per Delhi Cooperative Societies Act, 2003) followed by elected President of the managing committee 2012-2018 and Vice-President 2019-2022.

thanks for the exchanges so far. Let me restate the problem to be solved.

This is about an MC recommending that the society levy 5k INR as security deposit payable by the owner on behalf of the tenant as the owner/member is responsible for their tenant to abide by the rules and terms of the society. 

One of the owner/member pushed back saying society cannot charge SD or any other fees in addition to Non occupancy and quoted section 43 

So the question to this esteemed forum is " can the society take SD from the owner/member to ensure their tenant doesnt damage the property of the society" 

thanks

You amend the byelaws of the society following the procedure for amendments. The registrar should approve the amendments. Once the amendments are approved you can collect the deposit.