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Is submission of ll agreement 8 days prior is must 43(2)

(Querist) 27 September 2017 This query is : Resolved 
I have a apartment in Mumbai, and recently I have rented out my flat. However, Management Committee is insisting me that, I cannot allow my tenant to enter into my apartment as I have not complied to CHS Bylaws Clause 43(2). CHS is insists that, registered LL agreement be submitted 8 days before renting out, and they say it is subject to MC members discretion whether to approve of not.

I find this is something contrary. So I would like to know what are my rights under CHS Bylaws? Someone told me it is it totally contrary various Court judgements? I would be grateful I can get reference of recent court decisions on this.
Rajendra K Goyal (Expert) 27 September 2017
Reply to your query is well within the bylaws of the society. If the management of the society does not observe the bylaws, you have option to explore legal help.
P. Venu (Expert) 27 September 2017
The stand of the Management Committee has no justification. The apartment is held by you and the Committee cannot interfere in your rights and interests.
Shivayogi K (Querist) 27 September 2017
Dear Rajendra K Goyal ji & P Venu ji,

MC members says... Clause 43(2) of Bylaws, Apartment owner must submit copies of Registered Leave & License agreement. Further, they says that submitted documents are subject to MCs scrutiny, and approval of it is at the discretion of elected members. I find it amused.

Would you please direct me towards recent court judgments in this regard?
Ms.Usha Kapoor (Expert) 29 September 2017
.....Yes it is a mandate to inform the Society about you renting out a property ... Owner Builder Dealer .... require to take permission of Society Secretary before renting out my flat held in Airoli. ... I want the clarification in accordance with prevailing laws and if possible .... prevailing laws and if possible ....
...So you need to take prior permission of society or MC secretary before letting out the property.
P. Venu (Expert) 29 September 2017
The society's secretary or the managing committee can have sovereign power to interfere with the property rights of the member. The alleged provision of the bye-law cannot vest them with any power.
Dr J C Vashista (Expert) 30 September 2017
You can challenge the provision of Bye-Laws of the Society if the same are inconsistent with L & L laws operative in Maharashtra.


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