Archive for August, 2018

Can housing societies refuse tenants? Here’s what you need to know

How seriously should you take your housing society
Yes, you have to, but if they infringe on the fundamental rights of a citizen, they can be challenged in a court of law. Here are a few things you probably had no idea about

 

Singling out singles

Being single is the biggest disadvantage if you are looking to rent a house in the metros. This is because most housing societies disallow their members from leasing their properties to bachelors, say real estate experts. So, even if the owner wants to give it on rent to a group of singles, the housing society won’t give him a no-objection certificate (NOC).

Bachelors typically don’t stick to a place for long and this doesn’t provide stability in rental income compared with that from families, says Ramesh Prabhu, chairman of Maharashtra Societies Welfare Association.

 

Can housing societies frame their own laws?

If legal experts are to be believed, the housing societies can indeed frame their own laws. According to Ravi Goenka , advocate, Goenka Law Associates, there are broad guidelines, or bye-laws , that every housing society adopts when it is registered. These rules and regulations govern the day-to-day functioning of the housing society and are crucial to its smooth running.

 

How strong are these laws?

The guidelines are typically framed under the Co-operative Societies Act, which is a Central Act. This provides specific guidelines for a society to be registered with the municipal corporations, its governance structures, common area maintenance rights, dos & don’ts , accounting practices.
The Act also offers a degree of flexibility to societies to add regulations of their own, say experts.

Example: If the housing society has made a rule for tenants, according to which they cannot park their vehicles in the parking slots allotted to members , then they have every right to enforce it.

Can the housing society overrule a flat owner?

Om Ahuja, CEO, residential services, Jones Lang LaSalle India, explains that though it is the legal right of the owner to lease his property, the housing society in which the flat is situated, too, has a say in it. Individual societies are legally empowered to deny tenancy based on their bye-laws . In many cases , such bye-laws are interpreted in a certain manner in order to achieve this. However, they have no constitutional right to do so.

 

How about charging more from owners leasing their property?

Housing societies that impose additional maintenance charges on the apartment owners who have leased their property are legally allowed to do so under The Societies Act.

 

Can the bye-laws be challenged?

Vinod Sampat, president, Cooperative Societies Residential Users Association, and a real estate lawyer, explains that any regulation which infringes on the fundamental rights of an individual can be challenged in the court of law. The housing society regulations don’t have the same stature as that of a law. Every Indian citizen has the right to reside anywhere in the country and discrimination is not allowed on the basis of religion, caste, sex, eating habits or marital status.

How can a tenant go about it?

If a tenant feels a housing society has not been fair, he can file a police complaint against it, claiming infringement of his rights as a citizen. The member, too, can take legal recourse, such as approaching the civil or the cooperative court. He can also appeal to the deputy registrar of housing societies concerning his grievances.

 

Be the first to comment - What do you think?  Posted by admin - August 2, 2018 at 7:25 pm

Categories: Co-operative Housing Society   Tags:

Managing committees of co-operative housing societies will no longer be able to withhold information from members

Hsg soc’s MC must provide info or pay fine

Managing committees of co-operative housing societies will no longer be able to withhold information from members. Failure to provide the information sought could result in a Rs 25,000 penalty. No personal information about a member can, however, be divulged.

The state cabinet on Tuesday approved the addition of a new chapter to the Maharashtra Cooperatives Act, 1960 to deal exclusively with issues related to co-operative housing societies. While the Act requires at least ten members to form a co-operative society, it will now be amended to allow a minimum of five members to form a CHS, said officials. TNN

Ordinance to curb rights of defaulters in a CHS

The government will issue an ordinance to effect changes in the cooperatives Act within a month, said officials.

Co-operative housing societies constitute 40% of all co-operatives in the state and number around a lakh. Nearly 70% of these housing societies are in urban areas. “These are not profit making bodies and many of them have small memberships. However, the law that has been framed is more focused on the large co-operatives such as the district cooperative banks, dairies, sugar cooperatives, spinning mills, etc. The existing laws make the running of a housing society difficult. The introduction of the new chapter is to smoothen the functioning of housing societies and reduce litigations,” said an official.

Also, housing societies that have fewer than 200 members will now be able to choose the returning officer and the assistant returning officer from the panel set up by the election tribunal to conduct elections to the managing committee.

At present a society makes a request to the tribunal which then appoints the officials from the panel and the appointment is often delayed. With societies being allowed to choose the officials, the delay in elections and formation of the new committee can be avoided.

The new chapter will curb the rights of members who do not pay their dues as also ensure smooth transfer of the share certificate to the legal heir besides reservations on the managing committee. It has also been proposed to amend sections 146 and 147 of the Co-operatives Act that deal with what constitutes an offence and the punishment thereof.

Advocate Vinod Sampat, an expert on housing matters, said, “The intent is good but one will need to read the fine print to understand the implications of what has been proposed. For instance, the government proposes to make changes with regard to membership but the press note makes no mention of amendment to section 22/23 of the Co-operatives Act that deals with membership. It is also not clear how the government will make transfer of share certificates easy.”

Advocate Vivekanand Gupta said, “The state must come out with a draft of the proposed ordinance, invite suggestions and objections. It must finalise the ordinance only after getting feedback.”

 

Managing committees of co operative housing societies will no longer be able to withhold information from members
can housing society refuse noc
co operative housing society rules
society not giving noc for sale
co operative housing society noc format
noc from society for bank loan
noc from society for flat transfer
society bye laws for noc
is society noc required for sale of flat
sample letter to housing society secretary
complaint letter against society member
society bye laws maintenance charges
society bye laws 2017 pdf
housing society online registration
noc from society for sale of flat format
letter to registrar of societies
cooperative housing society issues
noc from society for passport
complaint against co-op housing society
section 6 of mcs act 1960
bye-law no 38
noc from society for rent
co operative society bye laws karnataka
is it mandatory to adopt model bye laws
restrictions on holding more than one flat
co operative housing society circulars
bonafide member of society
maharashtra housing society bye laws 2015
society registration form download
housing society share certificate sample
i & j register

Be the first to comment - What do you think?  Posted by admin - at 7:21 pm

Categories: Co-operative Housing Society   Tags:

© 2010 PupuTupu.in