Tenants not allowed to use society ammenities

This query is : Resolved 
 

(Querist)
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.

Is it True ?


Rajendra K Goyal (Expert)
06 October 2017

Bylaws and AGM resolutions have to be referred to find which facility can be used by the tenant.

Hemant Agarwal (Expert)
06 October 2017

Kindly prefer to visit the following link, for answers to most of your questions:

http://www.lawyersclubindia.com/articles/Non-Occupancy-Charges-in-a-Society-5705.asp

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.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Ms.Usha Kapoor (Expert)
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.



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