Legal Question in Civil Litigation in India

Re: Law in Cooperative Housing Society Maharastra Mumbai

(1)First of all let me tell you it is perfectly legal for the Managing Committee of the cooperative society to frame new rules & regulations which are called bye-laws for better management of the society, including generation of funds for some welfare measures of the Society which in turn could mean better amenities and facilities for the society members. But there has to be a valid, genuine and good reasons for the same. Take the case of your society for instance, it looks like your society is in need of urgent funds and they want to adopt this means for generation of funds. We can assume it is for some activities which are for the benefit of your cooperative society members. It could be for improving security, landscaping, giving better amenities for which monies have to be generated. But you have to find out this necessity.

(2) Any such move on the part of the Managing Committee will be tabled beore the general members of the society in the AGM and the need for the same will have to be explained to the satisfaction of the general members of your Society, and it will be put to vote and will have to be passed at the AGM with 2/3rd members present and voting and then it can be adopted. I suggest you get together with other like minded members and can grill the Managing Committee members at the AGM as to the necessity for raising funds by this method by demanding 1 month rent from members who wish to sublet their premises.

(3) If a majority of the members feel that this can be done then I suggest you and your group can always talk it out and arrive at a compromise with regard to the percentage of rental that could be given to the society in the event of a member subletting his premises. I personally feel demanding 1 month rent is on the higher side.

(4) On the other hand if you feel it should not be allowed as there is no valid and genuine reasons but the Managing Committee is still going ahead and will be implementing this rule, then you can always file a Compliant with the Jt Registrar of Cooperative Housing Societies, Mumbai, Maharashtra. He in turn will conduct an enquiry if he deems fit and necessary and will pass orders accordingly.

Re: Law in Cooperative Housing Society Maharastra Mumbai

laws of society are governed by their bylaws and so i need to see them before i advice you for it.

anyway they cant go beyond law

Re: Law in Cooperative Housing Society Maharastra Mumbai

Giving the flat on rent by you does not ammount to subletting.When a tenant gives the tenanted premises to some other person with or without the consent of landlord then the same ammount to subletting.Society is free to make rule with the consent/majority of members but rule should not oppose to law of land.In case of necessity you can write to registrar of society and can also approach the court.

Re: Law in Cooperative Housing Society Maharastra Mumbai

The amount demanded by your society is exorbitant, and not tenable in eyes of law. 500 Rs. or 10 % of Society charges can be charged by Society as Non-Occupancy charges. Other then this no other charges can be charged.