06 October 2017
Hello, Want to know when being an owner we pay Non occupancy charges, and than also our Tenants are not allowed to use amenities ..SOCIETY asking to pay charges to use Gym and they say it's by Law.
FURTHER, a Society CANNOT refuse any facilities to a Members's Tenant, "IF" the Society is charging NOC Charges to its member. A Tenant has all the residing rights etc...., BUT to the exception of involving in the Administration & Management of the Society affairs.
07 October 2017
05. RENTER /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 such an resolution is passed by the Society General Body. This is successfully prosecutable in the Consumer Court. and IPC.