• Not submitting rent agreement and police verification - what can housing co-operative society do?

Hi Sir/Madam,

I am Committee Member of the society, There are many Flats on Rent and They are not following rules for Rent agreement and police verification.
Can Society charge penalty to those ? either what's the best way to find solution for this.
Can Society charge member ship fees to flats which given in Rent ? like 5000 or 10000 rs when flat is given on rent.
We allowed Bachelors and in Society and now they are growing in numbers and not following rules in society and Brokers who take flat from Owners and given to Bachelors and they keep changing in flats.
So when ever any plumbing issue comes no body is taking responsibility.
We need to setup a process in which everyone must follow and we can make better living society.
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

The best way to implement the decision of the resident welfare Association is to get the decision approved by the extra ordinary General Meeting of the members and by that you solution you will be able to impose the penalty those were defaulters in providing the rental agreements and the detail of the tenants for the police verification by the resolution the amount of penalty will also be decided in such a way that in case anybody who has not provided the details and rental agreement in this regard for 15 days will be charged penalty which could be notional but if the delay is more than 15 days  heavy penalty will be charged

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Society cannot charge membership fees but can only charge non occupation charges. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Society can impose penalty on members by passing resolution in AGM for giving premises on rent without prior permission of society and without police verification 

 

2) you cannot charge membership fees 

 

3) you cannot restrain bachelors from taking premises on rent 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Legally you can't pass any such resolution. Co-operative society Act Or bye laws don't restrict bachelor and limit their nos. The said resolution can be challenged before dying registrar

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can pass resolution that not more than x number of bachelors should stay in flat 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

The society should give them a legal notice and if they do not comply then police station should be informed.

Also the society members should be made aware of the rules.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The answer lies only in extraordinary General Meeting there you can fix all these issues by passing a general  resolution in this regard when the majority as a whole is agreed to a decision it will be good for the resident welfare association to implement that decision properly and will have no restrained from the resident members. Please remember to rate this answer if you like

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See society can pass resolution.and can make it mandatory to submit the details and police verification of tenants in case same are not submitted police complaint against such owners and tenants can be filed as it is clear law.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes the number of tenants as per flats can be limited.if any extra then decided number stays in flat then extra maintenance for same can be levied.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Housing Society has no legal right to refuse any Bachelor Tenants /Paying Guests. IF Society refuses THEN it is doing a Criminal offence:

https://chshelpforum.com/bachelor-tenants

Visit this link for Rent /Lease related information's:
https://chshelpforum.com/non-occupancy-charge

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

These are some of the regular problems being faced by housing societies or associations.

The solution  for this is to amend the bylaws to facilitate the association to initiate appropriate action against the defaulters as well as against those people who violate the laws  of the association.

This matter can be decided in the next meeting  and bring a solution to this appropriately 

Do not take any independent decision because it may be resisted by the members who are oppose to new rules, hence if it is legally adopted by passing a resolution nobody can open their mouth on it.

Hence you prepare an agenda enumerating all the details especially to tackle the present hurdles and problems and make sure that it is passed by a majority of members in the next meriting.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You cannot restrict the number of inhabitants to occupy the rented premises.

However you can place a suggestion in the general body meeting  in this regard citing various issues like consumption of water, utilisation of common areas, disturbances etc and suggest for a restriction  to allow maximum number of residents in a flat as per its size. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you're society is a registered society than pass a resolution of law that no bachelor will be allowed to rent vacate flats in the society. This by laws has to be created by society members passing rule in the AGM. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society .

society cannot charge an admission fee to admit a new member.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Every member of the society has the right to give his flat on leave and license basis and the society cannot restrict bachelors .

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You cannot restrain tge flat owners to not to give flats to the bachelors but you can set some ground rules for them. Like verification and living peacefully.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. What are the rules framed by the society, which you say have not been followed?

2. Society has no right in the first instance to penalise the members for not following the rules pertaining to police verification. If police verification is not done then flat owners can be penalised or criminally prosecuted by police. Society does not possess the powers of either a prosecuting agency or a punishing agency. The maximum which society can do if rules of police verification have been flouted is to bring the matter to the notice of police by writing to it.

3. It would be illegal on the part of society to charge membership fee for flats given on rent. The owner of a property has an indefeasible right to rent out his property to anyone, and for this neither the owner nor tenant can be saddled with membership fee. This would amount to unjust enrichment and make officer bearers of society liable both under civil and criminal law.

4. Society is no one to limit the growth of bachelors. Tenant has the right to change his premises.

5. Any resolution capping the number of bachelors or confining 4 to 2bhk and 6 to 3bhk members will be void and non est and can be ignored by flat owners. Society has no right to pass any resolution with regard to the property of a man and lay down how many tenants he will induct in the premises.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Yes society can impose penalty on defaulting flat members. 

2. Yes society can charge maintenance fees from flats in rent. 

3. You can change bye laws of society by calling general meeting of society members to impose penalty on members and tenants who are not following rules.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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