[Resolved]  tenants rights — Housing society rules against tenants

I have taken a flat on rent in pune at bavdhan .
now the society has come up with some strange rules for tenats.

1) for tenants after 10pm no outsider is allowed to enter the society, let it be your parents or friends or other relatives.
You will have to request them 2 days prior for this and as per the members avalibility .

2) the bikes should have stickres . and stickers are only given when u have submitted your rent documents and police verification.
I have submitted my police verification form .
As per my knowledge rent agreement is between the landlord and the person who is staying . society should not have to anything with it
And I have submitted the police verification form so they know who we are.

I feel this discriminates between the residents. If all maintenance dues in respect of the tenant are being paid (in many cases more than the owners), there is little justification for such a rule. At best the society can distinguish between residents and non-residents. The society stand may not have a strong legal basis.

I am teant in a hsg.society at pune.From this month society demand double maintance charges from tenant is it right? pl reply on my mail id.Thanks

This is to find out that whether a Housing Soceity have authority to make laws of restricting bachelors to get a flat on rent in their society, even if the owner wants to give his flat on rent to bachelors?
please respond asap, we are in loop..

I am teant in a housing society at Faridabad .Society is charging some more amount from tenants only as a maintenance charges.Whereas Flat Owner who are residing in the society are paying less amount.
Please suggest/ reply on my mail id.Thanks

I am an owner staying in the society for last two years and working in different cultural activities since 2 yrs.All of a sudden one tennant has come and he has spoiled the environment of the society by creating differences amongst people and now he wants an election to be made in the society as his wife is planning to contest against me for the post of cultural co-ordinator.Is tennnats allowed to do so and ho can we sort out this issue?

Are tennants allowed to contest elections in a registered society in maharashtra??

Soc can not deny you parking right if soc maint and other charges are paid. Fight for your right. Soc taking advantage of your weakness and ignorance . Put a complain against soc in consumer court / Registrar of co op soc.

I am a flat owner. There are 15 flats in our apartment. The builder in his sale deed has demarcated the open area around the apartments as common area for parking and free use by all owners equally. However, he has out wittingly sold two portions of the open common area by construction a shed, to two of the flat owners who claim that the portion has been sanctioned by the municipality of Hyderabad whereas in actual the layout plan clearly specifies it as common area with equal rights for all flat owners. The actual flat owners (particularly a few) are objecting to a tenant parking his SUV stating that he is not allowed to do so. Our tenants welfare association is yet to be registered with the concerned authorities. So my contention is, can the builder sell off a portion of the common area to individuals (only two in this case) and yet state that it is a common area to be enjoyed by all flat owners? please clarify and oblige.

Reg Housing socities — Housing Society rules

Hello,

I am a married woman, staying with my family (husband and children) in a flat owned by my father. I have the following queries:

1. CAn the housing society ask me to leave, stating that I have no right to stay there?
2. Don't I have the legal right to stay there, when my father has permitted us to?

I am a tenant in a Apartments, which is having 65 Houses. I am residing in this building since two years. One incident happend that the society called for a meeting all the members of the houses and tenants. After reaching the tenant in that meeting they humulate the tenant that we are not interested to talked to the tenant of the houses. We come back from the meeting with depressed. Please advise us what further action we should do from our end. Please guide us.

tapas

Hello
I am tenant in an apartment which comprises 30 flats. There is existing association which is managed by a committee of house owners.

There is always a discrimination of House Owners vs Tenants in our apartment.

I would like to know the legal rights of an tenants in an apartment in india and if there is anything specific to Andhra Pradesh, it would be of great help.

Thanks in anticipation.

Self owned house in apartment — society charges

I am a owner of a residential flat in Nasik. Most of the flats are recently acquired by the people and I am planning to occupi the same. I have posseion of the flat. Group of the people are self decleared as chairman/secretary though formally no societ is formed. These people are asking me a maintenance of Lift, person they hired to clean dust bins of individual house and Security. I do not need security as the security person is having no access on my flat as the opening is from second side of the building. I am willing to pay Water charges as we have common overhead tank. Electricity for my flat in parking are is seperate. Still these people had threated me and on the top recently disconnected water supply of my flat. Please suggest if I need to proceed for police complaint or legal notice to individual staying in the flat. One Police Sub Inspector is also staying in the apprtment so dont know whether police complaint will be entertained.
Please advise...

What are the rights of tenant incase his owner deducts unnecessary money from the deposit money while vacating flat (given while taking flat on rent)?

If the owner & tenant agrees to renew the agreement for the additional years, is there any rule by which society can ask the tenant for brokerage money after every 11 months (for every renewal)?

Pls. guide me in this regard.

Thanks.

1) Is that any rules for tenant they are not allow pets ?

2) After NOC we are shifted with our pet but now after 8 days society said they are having rules pets are not allow in our society so they are given one month time to move from their society kindly guid us in this matter what will we do ?

I am teant in a hsg.society at pune.From this month society demand double maintance charges from tenant is it right? pl reply on my mail id.
[protected]@gmail.com.

is there any rule that teant pay double monthely charges every month as he is teant?

please give the full information with ruls and regulation

I too need help. We've been living in this flat as a tenant for more than 8 yrs now.

The current society, claims that only upon cash deposits (for maintenance & water charges) will be given. With my bank checks why can I not get a receipt for the monthly services rendered? When I pay my other bills at 'Bangalore One' they give me a receipt.

Also what comes under the per square feet calculation per flat. I feel it is not justified. Shouldn't I be getting more privilege than others if I pay more?

In matters of water supply from private tankers, since we live in the flat, the society should take our opinion and involve us in the decisions matters . They keep on changing the water supply hours for mundane reasons.

Doesn't the Indian Law have anything to safe guard my rights as a tenant/ customer who lives in an apartment building?

The owners of our flat just care about their yearly based monthly checks.

Kindly help me.

Thanks & regards,
Sonu

I am Tenant in Ameerpet. We don't have overhead tank facility particular to our room, so we have to ask the owner to switch on motor and have to fill. We are 2 people staying in room and both are working and our schedule is little volatile. Owner is saying she will give water in morning only. If we are not available in morning, she will not giving water for that day.

More over she is taking more rent compare what facilities she is providing her tenants.

Some one could provide the help where we have to complaint.

Here is the Legal aspect for most of the queries asked here:

Society can’t bar bachelor tenants

Consumer court rules against residents of building at Marol who do not want bachelors, spinsters and foreigners, as ‘they are causing a nuisance’

Aneesh Phadnis's Article in Pune Mirror

Posted in Pune Mirror On Saturday, January 24, 2009 at 06:39:24 AM


Pintos, who’d rented flats to bachelors, challenged the society in district consumer forum

Can a housing society bar its members from letting out their flats to bachelors, spinsters and foreigners? The State Consumer Disputes Redressal Commission last week upheld a District Consumer Forum’s interim order restraining a housing society at Marol from evicting bachelors who are staying in the building as tenants.

Last August, Akruti Aneri Co-op Housing Society had passed a resolution that owners can rent out flats only to families. All members who had let out flats to bachelors and spinsters were asked to get them vacated by October 1.

The agenda circulated at the society’s special general body meeting said bachelors, spinsters and foreigners residing in the society were causing a nuisance.

“There has been a case of suicide, a few foreigners were involved in a sex racket, inadequately dressed females and males gather in the open area of the society at odd hours...”, it said. The resolution was approved by a majority vote.

Aggrieved by the society’s decision, Cynthia and Salvador Pinto, who had let out two flats to bachelors, challenged the resolution in the district consumer forum.

Advocate U B Wavikar, who represented the Pintos, said, “The society’s resolution was unfair and unjust. Copies of all leave-and-licence agreements and police verification of tenants was submitted by the Pintos to the housing society.

All bachelors and spinsters cannot be said to be engaged in unlawful activities and there are legal remedies to take action against offenders.”

In October, the forum ruled in their favour. It noted that society did not give specific instances of wrong-doings and nuisance by the tenants.

In an interim order, it restrained the housing society from implementing the resolution till July 31, 2009. The society challenged the forum’s order before the state commission.

Advocate Rajan Malkani, who represented the society, argued that consumer courts have no jurisdiction to entertain the case, which is essentially a dispute between a housing co-operative society and one of its members.

B B Vagyani, president of the State Consumer Dispute Redressal Commission, rejected the society’s appeal. “The district forum has not committed any impropriety or illegality.

The revision petition filed by the petitioner (housing society) is without any merits...”, Vagyani noted in the order.

But Malkani said the commission did not go into the merits of the case and had ruled only on whether consumer courts have jurisdiction to pass orders in such cases. Wavikar relied on Supreme Court judgements and argued that the consumer court can hear such a dispute.

“We have been renting out our flats to employees of software companies for the last five years. I am a retired person and the rent is our only source of income.

“In 2006, the society had taken a decision to levy an annual charge of Rs 10, 000 as premium from members who let out their flats. But the decision was not implemented because it was approved by the registrar of co-operative societies.”

also read in-connection with the same as under:

SUBJECT TO MAHARASHTRA (May apply to other states Coop-Society Act also however depending on Specific Provisions):

1. Every citizen of India and non-citizens, or for that matter, Criminals, Politicians, Beggers, Lepers etc... have been granted fundamental rights under the Indian Constitution, to live (reside) anywhere in India, BUT except prohibited and restricted areas.

2. The Maharashtra Cooperative Societies (MCS) Act does not have provisions for "Prohibited & Restricted" areas in the Society premises.

3. 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 the MC or GB resolutions and the General Body (GB) resolutions are "illegal & invalid" in the eye of law.

4. Even "selective & prohibitive" provisions created under a "bye-law" by the GB, is also "illegal & invalid". 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 legallities 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.

5. If such instances in society are a regular feature, then a "suo-moto" application may be forwarded to the Registrar of Cooperative Housing Society (CHS) for "de-registration" of the society registration, citing the "illegal and invalid" activites and for violation of the "Rule of Law".

6. The Society is concerned only with 10% extra charges over the regular service charges, as non-occupancy charges and NOTHING beyond this. No arguments, No permision or No nothing required from anybody, under the law. However in many Housing Society, the MC is collecting almost double (100%) the Maintainance Charges from the Members giving their flats on Rent, over what they are collecting as Maintenance charges from Residing Owners/Members.

7. If such nuisance & illegal - GB resolutions are allowed in a society, then one can also expect that the GB may pass resolutions for compulsory "wife swapping" between members OR compulsory marriage between the members or "compulsory sale" of flats in case the owner becomes a spinster.

8. Society does not own the flat owners premises. It is the discretion of the flat owner to let 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 commerical or illegal activities and so on).

9. The MH state Government issued an Order dated 1.8.2001 in Public Interest under Section 79 A of the said Act, there by directing the Societies not to charge non-occupancy charges beyond 10% of the service charges (excluding Municipal Taxes). The Hon’ble Bombay High Court by its Judgment dated the 2nd March 2007, has upheld the Government Order dated 1st August 2001. The Directives are attached herewith this mail.

The legal alternatives for a registered member are ;
1. Filing a case for deliberate "deficiency and negligence" in the Consumer Forum, citing deliberate violation of the state govt. orders and violation of the bye-laws.
2. Filing a case in the criminal court, for "Criminal intimidation" and "Criminal Breach of Trust".
3. Filing a petition with the Deputy Registrar of your ward, citing violation of the MCS Act and the bye-laws underneath it.

Hope the aforesaid details would help you all to fight against most of these crooked-Managing Committee members always creating issues, to be in the position, which they don't deserve.

Dear Mr Sidd22,
Congrats and Thanks for such important information. I share very good relations with my landlord. But my problem is as follows
The association is charging 2.5times more maintenance charges than regular member. Can the 10% regulation be applied in Gujarat also?
thanks and regards
SGG