My Cooperative housing society is asking for donation
Mahesh
(Querist) 29 January 2010
This query is : Resolved
Hi:
Experts please help!!
I own two adjucent apartments no. 701 & 702 in Gitanjali chsl, Nehru Nagar, Kurla (E) Mumbai. While I live in 701 apartment I kept my second flat vacant for past 2 years. Now I want to give my flat on rent for 11 months from Feb 1, 2010 and I have finished all the formalities like registration of the agreement, police verification etc.
Today I met my society chairman and tried to give my rental documents to the society. The society chairman denied to accept it and asked me to pay a donation of 8000/- towards the society. He told me that all others who rent out their apartments have given this sum as a donation and only then the society allowed the tenant to move in. I asked him if he has anything written about it but he said that it is against the law to have such a thing and therefore there is nothing written in any of the meeting minutes but it is still followed and all other neighbouring societies also do the same. I flatly rejected the same saying that "if you do not have anything written why should I pay such a hefty donation for no reason to this society". I am still not a member of this society as they still haven't accepted our application for past 2 years. When I rejected to pay this donation, he threatened me that "the society will see how your tenant would move in then". He told me that he will not allow the new tenant to move his luggage into my apartment.
This new tenant would be moving on 1st february and therefore I am not sure what I can do against this society so that the new tenant would be able to take his baggage into my apartment.
Under the present situation, I personally feel that these people are well united and can collaborate to not let enter the new tenant. I want to know what legal action can I take if such thing happens and if there is something I can do now it would help.
Also, if there is a lawyer in mumbai who deals in such matter please provide me the number so that I can contact.
Thanks
Mahesh
Guest
(Expert) 30 January 2010
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samyak Satish
(Expert) 01 February 2010
You are right and your case is genuine one. But practically you know that might is right. If you can dare enough to convience your licenseee and get him enter, then thereafter nothing can be done by the Society. Donation cant be forceful but voluntary. You have to first see that your licensee cop-operate fully to you and get himself in.
Your details are incomeplete. Presuming that you have submitted all documents required for transfer (all are standard formats)of membership and you have acknolegedment for it and you have paid transfer fee, share money etc and that Society has not in writting rejected your application, first of all you do following:
1. You send a letter by REG AD post to the Society stating, with reference of acknoledgement of your application for transfer, that 60 days have been expired since your submission of said application and as per Rules and the Society has not addressed any communication thereafter, therefore as per rules you have become deemed member of the Society.
2. Ask the Chairman now politely that you are ready to pay all the charges to the Society against your sub-letting the flat provided the Society submit you copy of the requisite general body resolution in that respect along with the reference of Maharashtra Housing Society Rules or ByLaws under which a member is liable to pay such donation. If he is not accepting letter in person, send it by post reg ad.
Then let me know what happened.
