Housing society query

Smt Kamal Jadhav (Querist) 20 January 2022 This query is : Resolved
Dear Sir,
I am a senior citizen lady having a flat in Mumbai suburb.
Recently the Society has issued a rule book, on which I have few queries.

1. As per page 10 of rule book, for subletting flat, a member has to take permission from society.
a) Is it compulsory as per Bye-laws to take Society permission or we can only intimate to society before subletting.
b) As per rule book, bachelors, students & single working professionals are not allowed. Is it as per Maharashtra co-op HSG society rules? or any other law. Whether society has the right to disallow above professionals?
2. As per page 14 (section 23) of the rule book, society is charging heavy penalties for some items. Whether society has the right to decide/ charge any amount as penalty or there is any upper limit restriction on penalty amount as per Bye-laws.

Please provide your reply/ suggestions in above queries.

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Quick Summary

This discussion addresses queries from a Mumbai housing society member regarding the society's new rulebook. Key concerns include the necessity of society permission for subletting, restrictions on bachelors and professionals, and the society's right to impose penalties. While some advice suggests society rules must align with Maharashtra Cooperative Societies Act and require AGM approval, another perspective states societies can create their own bye-laws, which can be challenged before the registrar if deemed unfair or inconsistent with the law.

kavksatyanarayana (Expert) 20 January 2022
1. (a) You shall take permission from society. (b) Not the rules of M.C.H.S. If it is decided by the AGM, then you have to follow. 2. To my best, the General Body Meeting may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year.

SHIRISH PAWAR, 7738990900 (Expert) 21 January 2022
Hello,

Society can have their own rules bye laws for conducting the society affairs. So the answer is yes to all the queries. If you feel aggrieved to the bye laws passed by society you may challenge it before society registrar. Otherwise society can proceed to recover it.

P. Venu (Expert) 21 January 2022
Use or enjoyment of a person's property is his/her ordinary/Constitutional right. Such a right could be controlled or curtailed or restricted on the basis of law enacted by the competent legislature. In my understanding, society's management or the general body itself is not law making body. Such bodies can only formulate bye-laws only within the four corners of the Act. In the instant case, it is impossible the Society management or the GB is so authorised. As such, the so called provisions of the Rule Book appears to be ultra vires of the parent Act.

Dr J C Vashista (Expert) 22 January 2022
Whether General Body has passed the Bye-Laws of the Society and such Bye-Laws are consistent with Maharashtra Cooperative Societies Act and Rules or there is any inconsistency / contradiction / violation ?
Whether the Bye-Laws are approved by Maharashtra Registrar Cooperative Societies ?
Did you raise any objection in the general body when the Bye-Laws were passed /adopted ?
It would be better to consult a local prudent lawyer for appreciation of facts/ documents and professional advise.

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