Cooperative society asking for relation proof
Shib
(Querist) 05 May 2018
This query is : Resolved
Hi Experts, I stay in a cooperative society in Powai, Mumbai. The flat is owned by one of my father's very close friend who expired last year, and his wife (Aunty) is the current owner. Their kids stay in USA so Aunty spends 10-11 months each year in USA, and spends 1-2 month each year with us and stays in her same flat with us as a family member. We do not have a commercial rent agreement as of now and have no plans to make one. The society is pressing and saying I have to produce a rent agreement, and that they'd impose fine on me if I don't produce one. They have already taken away the covered parking but allowed to park my car in an uncovered parking slot subject to payment of Rs 1000 (same amount charged from tenants). What should I do? How do I inform the society that I not a tenant? I wrote a letter myself and from the owner Aunty to the society, but society is not accepting it as proof.
Kishor Mehta
(Expert) 06 May 2018
(1) Since you are not a blood relative of the owner of the flat, you need to have a Leave & Licence agreement to occupy the flat, a copy of the same has to be submitted to the Society, (2) The Society can recover Non-occupancy charges @10% of the maintenance charges, less property taxes. (3) The Society has no legal right to cancel the allotment of covered parking, if allotted to the owner as per the Bye-laws of CHS. However it can charge for parking as decided at the AGM.
Guest
(Expert) 06 May 2018
Having no legal documents in your favour by the owner of the flat, you are virtually an unauthorised occupant of the society flat as well as unauthorised user of the parking space on regular basis, as guests can only be just for a few days. Permanent residents cannot be treated as guests. No commercial rent agreement is necessary. May be, as a friend, you are not required to pay even a single penny as rent of the flat, but must have a legal lease deed may even be for a single rupee. That may confer you the right to live in the flat. So far as parking charges, as a tenant, you cannot be specially exempted from the society's regulations, as bylaws. You will have to pay the same, like other tenants.
Dr J C Vashista
(Expert) 06 May 2018
I endorse the advise of experts.
To add above opinion you may obtain and submit written permission of your aunt to stay in her flat, for that the Society should not have any objection/ problem, which we follow in Delhi Cooperative Group Housing Societies.
Shib
(Querist) 06 May 2018
Thank you experts. I am creating a Leave and License agreement as advised and will notarise it. Thank you for the great feedback and help.
P. Venu
(Expert) 06 May 2018
To my knowledge, there is no valid law which disallows a group of citizens live together under the same roof so long as the owner of the residence has no objection. As such, the society management is overreaching.
T. Kalaiselvan, Advocate
(Expert) 07 May 2018
The society bye laws are common for all.
There cannot be a deviation in the bye law citing this reason that you are not a tenant and are living under the permission of the owner whereas the owner do not reside here along with you.
Moreover you are not even a caretaker nor a blood relative of the owner or his legal heirs, hence you are bound to abide by the bye laws that are meant for tenants.
I agree with the opinions rendered by expert Mr. Kishore Mehta on all such further issues.
