Unreasonable demands from the society

Franklin DSouza (Querist) 13 September 2026 This query is : Resolved
Dear Sirs/Madams,

A member of CHSL in Mumbai, who is a super senior citizen aged 80 and is sheltered in a Senior Citizen Home, has entered into a L&L agreement with a tenant for a period of 3 years.
The Society's demands for the deal are listed below.
Need to understand if the demands, which seems unreasonable are legally valid.
In anticipation for your response.
Thank you and kind regards.

Instructions for keeping Tenants-
Members are requested to follow the below, before the tenants shift in ( 1-5):
1. Introduction of the tenants to the Management Committee.
2. Agreement copy & Police Clearance to be given to the Society.
3. Nominal Membership Form with a fee of Rs. 100/- cheque to the Society.
4. Incoming Rs. 2000/- to be paid by member to the Society.
5. Member should pay to the Society a deposit of Rs. 10,000/- for a 2 BHK flat, & Rs. 8,000/- for a 1 BHK
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6. For every new agreement, even if it is renewed Rs. 1,000/- cheque to be paid to the Society.
Also please note:
1. When the tenant is leaving the Society, please inform the Managing Committee in advance. Also, Rs. 2000/- has to be paid to the Society while moving out.
2. Non-Occupancy charges to be paid for the full Quarter.
3. Parking charges to be paid for the full Quarter.

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Quick Summary

A senior citizen in Mumbai has entered into a 3-year lease agreement for their flat. Their housing society has presented a list of demands, including fees for tenant introduction, police clearance submission, nominal membership, and deposits. The member is questioning the legality of these demands, especially as they seem to go beyond standard cooperative housing bylaws. The response suggests that society bylaws must comply with the Maharashtra Cooperative Societies Act, and the managing committee cannot create rules outside of statutory provisions.

kavksatyanarayana (Expert) 13 September 2026
What are the conditions of the bylaws of the society? If the conditions are noted in the bylaws of the society, the members has to follow the same.

P. Venu (Expert) 16 September 2026
Many of the conditions are questionable and without any basis qua the provisions of the Maharashtra Cooperative Societies Act. It is well settled that ordinary rights of the citizens could be interfered only on the basis of a valid law enacted by the Competent Legislature.

The Managing Committee or the AGM of the Society is not a law making body; the bylaw drawn up the Society needs to within the four corners of the extant statutory provisions.

T. Kalaiselvan, Advocate (Expert) 16 September 2026
Under the Maharashtra Co-operative Societies (MCS) Act, 1960 and the standard Model Bye-Laws, housing societies in Mumbai cannot arbitrarily invent fees or levy charges beyond statutory guidelines.
The managing committee’s authority is bounded by government notifications issued under Section 79A of the MCS Act. Resolutions passed at General Body meetings (AGMs) that contradict these directives are legally void.

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