Friday, 1 November 2013

Can a housing society bar its members from letting out their flats to Bachelors, Spinsters and Foreigners? Part-2


Every citizen of India and non-citizens, have been granted fundamental rights under the Indian Constitution, to stay (reside) anywhere in India, BUT except in prohibited and restricted areas.


a)  In Metropolitan /Industrialized Cities (e.g.  Mumbai, Pune.... ),  a new nefarious and knee-jerk whimsical concept of Prohibiting /Banning "Bachelor Tenant", from staying in a Society, is emerging, causing gross discontent among the Society members, thus leading to gradual failure of the Cooperative Moment.

b)   The MCS Act does have not provisions for "Prohibited & Restricted" areas in the Society premises.   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 "Bachelor Tenant" cannot be prohibited (banned) from residing in a Society, even if for whatever reasons.

c)   The inbuilt craving to formulate Laws to govern & control other members, lead to ignorant MC's and GB General Body (GB), to pass "illegal & invalid" resolutions, for "Prohibiting /Banning Bachelor Tenant", from staying in a Society.  Such "selective & prohibitive" provisions /bye-laws created /amended under a "bye-law" approved /passed by the GB, is also  "illegal & invalid", leading to animosity and discontent in the Society, which also means "failure of the Cooperative Movement". 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 legalities 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.

d)    If such instances in Society are a regular feature, which could also mean "constitutional failure", 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" activities and for violation of the "Rule of Law".

e)   If  ignorant & nuisance GB resolutions have their whimsical ways in a Cooperative Housing Society, then one can also expect that the ignorant GB may pass resolutions for compulsory  marriage between the members (as is a custom in some Indian culture) OR "Compulsory sale" of flats in case the owner becomes a Widow. This is more so since some nefarious MC's and their cronies, are in a way, controlling the strings in a GB meeting.


The Society is classified as a "Service Provider", under the Consumer Protection Act, which is further reinforced from several Judgments of the Consumer Court.

The Sole-Responsibility of a Coop. Society, is to provide "Common Services & Amenities", to its members, which also lawfully means "Common Services & Amenities" to the Tenants of its members, which is more so specifically in lieu of the "10% Non-Occupancy Charges" that the Society has to mandatorily collect from its original member.   Under no circumstances the Society may levy any charges, directly to the Tenant. Like Move-In & Move-Out Charges, Shifting Charges, Security Deposit Charges etc. All other Charges are Taxable. Society has to pay 30% Income Tax on it.  

03.      TENANT equals to "NOMINAL MEMBER":

a)  A licensed Tenant of the original Society member is classified as a "Nominal Member", who by legal default derives rights to reside in a society members flat.  The "Nominal Membership" is to be granted to the Tenant, by virtue of the Rs. 100/- (as nominal members Entrance Fees).  However the Tenant derives no right to have any say in the affairs of the Society.

b) IF the original member is paying the mandatory "10% Non-Occupancy Charges", THEN the "Tenant", definitely & lawfully derives all the rights to use the "Services and Amenities" that is available to the original member.  This includes Parking, Gym, Club-House & Swimming pool facilities.  The usual rights of  "Services and Amenities", CANNOT be deprived to a Tenant, even if passed in a General Body, and can be successfully prosecutable in the Consumer Court.

HOWEVER, the Tenant (nominal member), does not derive any right to have any say in the management of the Society, more so specifically during the Voting / Contesting Elections / Attending AGM/SGM of the Society, as provided under the Society Bye-Law.


a)  The Society does not own the members Flat (ownership property).  The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society.  It is the sole discretion of the Flat-Owner (member) to rent 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 commercial or illegal activities and so on).

b)  A Society has no legal jurisdiction to refuse residing rights to a Tenant, under any circumstances, especially in a flat owned by its member.  This is a legal fact, decided in various orders by the High Court and the Supreme Court.

c)  A Society cannot refuse a member from keeping a Tenant, even if the member is a defaulter or whatever.  The maximum a Society can do is to inform the local Police Station, about any illegal activities being carried out in the members flat, by the Tenant or the Member. Nothing more. Even if the Flat-Owner (Member) has not taken permission from the Society for keeping a Tenant, in his own Flat, it will not amount to any illegality, nor can the Tenant be classified as a "Trespasser".

d)  Some nefarious MC's have assumed the role of "investigating" the Tenants, by conducting interviews of the Tenants.  Such interviews or assessment of the Tenants are illegal.


A Society is concerned only with compliance of the Bye-Law norms, which means:
a)     Prior permission of the Society vide Bye-Law form-Appendix no. 27.
b)     Form-Appendix no. 11, along with cheque of Rs. 100/- as Nominal Membership entrance fees
c)      Certified Photocopy of the Leave & License (L&L, Rent) Agreement, duly Stamped and Registered.
d)     Police verification Report of the Tenant

Note:  Even if the above Form no. 27 and Form 11, are not submitted to the Society, it does not "illegalize" the Tenant, nor does the Tenant become a "trespasser", as is hallucinating thought off by various ignorant MC's.

Subsequent to the above and /or irrespective of compliance of Form no. 27 and Form 11, the Society is liable and responsible to levy a FIXED "10% Non-Occupancy Charges", on the regular Society Service /Maintenance charges, in the society bill of its own registered member, but to the exclusion of Statutory charges (e.g.  BMC Property Tax, NA Tax, BMC Water Charges).


The Society is concerned only with the FIXED 10% extra charges over the regular service charges, as "Non-Occupancy Charges" and STRICTLY NOTHING beyond this. There is no concept of less than 10% or greater than 10% non-occupancy charges. Anything besides the FIXED "10% Non-Occupancy Charges", is ILLEGAL, and is duly prosecutable under the Consumer Protection Act and also under the Indian Penal Code (Criminal Acts)


a)          It is a Criminal offence to collect any charges in the guise of "Shifting Charges”, OR  “Move-In & Move-Out Charges” OR "Tenancy Deposit" OR “Security Deposit Charges “OR higher non-occupancy charges, over and above the mandatory 10% Non-Occupancy Charges on the Society Service /Maintenance charges. All this Charges are Taxable. 30% Income Tax is applicable on it.
b)          A Society is not entitled to levy compounding rate of Interest, on any outstanding amount.
c)          False levy of any other amount or charges in the Members bills
d)          Levy of any Legal Charges in the Members bills, without a judicial order.
e)          MC's cannot restrict or restrain or intimidate any Bachelor from staying in a Housing Society, subject to compliance of minimum requirements, i.e. Registered Leave & License agreement and Tenants Police verification report.
f)            MC's can be criminally prosecuted for Restraining, Restricting, Intimidating, Threatening, Insulting, and so on, for restricting /prohibiting Bachelor tenants, from residing in a Society.


Sometimes, the Society does experience nuisance from Bachelor Tenants, in the form of Rowdiness, Alcoholism, visiting girl-friends of the Tenants, playing of Loud Music, etc.... HOWEVER these can never ever be a ground for restricting /prohibiting Bachelor Tenants, since all these nuisances are rampant and unchecked, amongst the Society members themselves.  It is a routine feature amongst Society Members, to bicker and fight for petty things, which includes, ogling, bitching, Parking, Drunkenness, Gambling, Spitting Pan juice,  Loud music, Abuses & Dada’giri, misappropriating members funds, egoistic power-struggle and what-not's.


Under the present Indian laws, a Bachelor-Person, can purchase a Flat in a Society, WIHOUT ANY RESTRICTIONS.  The Society CANNOT prohibit / restrict any person, who is a Bachelor or a Widow from purchasing a Flat in a Society.   The concept of Residence in a Society, is defined as "Open Membership", under the Coop. Act, which also means "No-Restriction Membership",  which also means "No-Caste-Barred", No-Sex-Barred", "No-Age-Barred"  and so on....

CONCLUSIVELY & LAWFULLY, it collectively means that Bachelor “OWNERS” and/or Bachelor “TENANTS”, CANNOT be stopped from residing in a Co-Operative Housing Society.

10.      LEGAL BYE-PASS:

Subject to duly executing a Registered Leave & License agreement and Tenants Police verification report, the following can ALSO be successfully complied:
a)          Under a typical Bye-Law, an Associate Member is not barred from Staying in the Member's Flat
b)          Limited to filing in Bye-Law appendix no. 7, (along with Rs. 100/- as Associate Member Entrance Fees)  the original owner can make his "Tenant" as his associate member.
Note:  Associate Membership can be withdrawn, by just simply instructing the Society for withdrawing the Associate Membership.  There is no legal-lacunae or legal-risk (whatsoever), since this type of Associate membership, has negligible rights.
c)          A Society CANNOT charge 10% as Non-Occupancy Charges, from an Associate Member.
d)          A Bachelor tenant can be made an Associate Member.


Looking at the consistent nefarious attitude of few MC's and herd-mentality GB's, Investors are avoiding investing in Housing Society properties.  On realizing the nefarious management attitude in a Housing Society,  some people have started registering their group properties, under the concept of a "Condominium",  which truncates out the nefarious management attitude in a Housing Society.  A condominium management is highly flexible and more easily, peacefully & professionally manageable, WITHOUT the usual bickering & bitching that is rampant in present Housing Society’s.


Though the Coop. laws allows sub-letting or renting members flats, the Coop. Dept., has consistently failed to issue directives or make provisions in the Coop. Act or in the Bye-Laws, prescribing Penal Action on the Mg. Committee, for restricting or prohibiting Bachelor Tenants in Coop. Societies.


WHEN India can have few Criminally Accused /Tainted persons as "Members of Parliament",  THEN there is no logic what-so-ever and which-so-ever, from restricting or prohibiting innocent Bachelors from staying in a Coop. Housing Society.


  1. im facing trouble with my society who refuses to let me rent out my flat to bachelors/ spinsters ..and a resolution has been passed in d society to bar bachelors / spinsters fr renting out flats ???

  2. file police complaint against Managing committee members.

  3. Dear sir,
    Just I have sold my flat to someone in last july.our society got registered during this period n now theywant to collect heavy penalty from me for just not taking their me sir.I need your help..thank u in advance for yout kind reply.

  4. Please give the society registration date and your agreement sale date so that i can guide you

  5. Hallo my society restricted me to rent my flat for bachelor's as well as other than maharashtrian families. Also they are forcing me to rent for not less than 11 months. Moreover that are asking double maintaince charges from me. Secretary behavior is very rude and very uncooperative.

  6. Just file FIR/NC against secretary in you local police station for not allowing you to give your flat on rent to your prospective tenant for more then 11 months also secretary is non-secular. Due to this FIR/NC police help you to give your flat on rent.

  7. Dear Sir,
    I have visited your website and I am impressed & inspired by your message mentioned in the website. Also I would like to bring in your notice that my Society Management Committee is harassing me that they are going to pass a resolution for the occupancy of Bachelor Tenants that no bachelor tenant should be allowed to stay in the building. Although my Land Lord has never said me anything to me to leave the premises/flat. But still Management committee is harassing me again & again and other bachelor tenants and due to this harassment I am not able to concentrate in my Job & my routine life. So I would appreciate if you can help me on the same regard and as far as I have read it, mentioned in your website that no society can pass such a law for non-occupancy of bachelor tenants & also I have read that it is against the constitutional rights.

    Also just fyi, my both the parents have passed away and I stay alone in the Mumbai. I have one younger sister (married) stays in Surat. But I think and believe that no person or no citizen is above the constitution.

    So I will again request you to guide me on the same matter. I shall be very thankful to you for this.

    P.S. : I am having a copy of one notice stating that decision should be taken on not renting out flats to bachelors and this point is going to be discussed on 9th Nov. 2014 at 11:00 a.m. @ La Bellezza Co. Op. Housing Soc. Ltd. Borivali (E), Mumbai 400066. Reg No.: MUM/WR-U/HSG/TC/15115/2013-2014/2014, 13/02/2014

    1. As model bye-laws 2014 approved by Commissioner of co-operation Maharashtra State clearly say following.

      Bye- laws No. 42. (1) A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement and copy of intimation report to the police station.
      (2) No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting.

      So their is no need of society to restrict any flat owner for giving his/her flat to any person since now society NOC for leave & license is no longer required.

  8. I am not understanding why Managing Committee member acting like this Are they born Married ? They are not single / bachelor at any point of time in life ?

  9. The decision for not renting out flats to bachelors is one type of bye-laws amendment and it has to approved by Dy. Registrar of C.S. of your area. Else it is not valid.

  10. My society is condominium and is not allowing bachelors and also is not allowing to use common car parking. Are they legally allowed to do so. Pls guide

    1. Condominium means you are register under Apartment Act. So every condominium has their own set of bye-laws which is registered in sub registrar of assurance office. After that every amendment is approved in the AGM. If it so then it is legal

  11. What if current committee loose the minute books maintained by previous committee and alleges them of wrongdoing? Also what if they manipulates with certain documents and their payment vouchers to frame the previous committee members? What actions can be taken against the current committee?

    1. First Current committee has to file FIR in police station that they have loose the minutes book.

      If its AGM/SAGM book then they can reconstruct it by taking copy of minutes from members.

      You have to find with auditor when he/she was check last time minutes book. What is remark is pass by auditor to those vouchers and then make police complaint against current committee

  12. I am owner of a shop in a housing society. The society carried out an SGM on gymnasium, and now they charged me extra for gymnasium maintenance in the maintenance bill. Kindly advice if shop owners in a society are liable to pay for the facility not used by them. Gymnasium is purely used by Flat owners

    1. You have to pay and you & your family can use the facility

  13. can society ban tenants to use gym , swimming pool , club house as they are not paying maintenance.

  14. This comment has been removed by the author.

  15. Are the tenants allowed to use amenities? Can society or ad-hoc committee ban tenants to use gym , swimming pool , club house?

  16. The builder has put up notices banning tenants from living in society .I want to rent my flat to a bachelor .Can the builder refrain bachelor's from staying?

  17. My society is asking for donation of 12,500 if I rent my flat they say they have approved it in the AGM kindly guide.

  18. Same Here:

    My society is asking for a Rs 5000 refundable deposit (over and above the extra 10% maintenance charge for non-occupancy-tenant). Is that legal?

  19. I am staying in a society on leave & license which is being properly registered. My flat owner has given a copy of the same along with police verification to the society as per their rules. He is also paying 10% Non occupancy charges. There is sufficient open space available in the society. Those members who are staying in the society are parking their cars inside the society, but we being tenants on leave & license are not allowed to do the same as per the decision of the MC/GB.
    Whether society can make such discriminating rules?
    If no, what should I do? Because if I am orally or in writing going to say anything to the society they are not going to listen, therefore where should I approach?

  20. Being a owner of the flat , society member asking to pay nominal amount for gym usage that right?

  21. Being a owner of the flat , society member asking to pay nominal amount for gym usage that right?

  22. Sir in our society shop owner stay worker family in his shop.. society ask him to pay 100ra more monthly mangane. Is it legal that shop owner stay hi worker family in shop. And second if yes then it is legal that society charge extra maintance

  23. Sir in our society shop owner stay worker family in his shop.. society ask him to pay 100ra more monthly mangane. Is it legal that shop owner stay hi worker family in shop. And second if yes then it is legal that society charge extra maintance


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