VictimAdvocate (Victim Advocate ( Non Attorney)) 08 November 2014

Housing association/society - no renting to bachelors

One of my US based NRI clients is seeking to retain an attorney who specialises in housing/housing discrimination laws.

Brief background:-

1. Rental property occupied by bachelors created nuisance for neighbors and apartment maitainence staff. Police was called in and finally matter was settled.

2. Following the incident, the housing society association sent a notice to all owners not to rent the property to bachelors as bachelors are a cause of nuisance.

Discussion:-

1. Is the notice sent by housing association even lawful ? Arent people in India enjoy equal rights when it comes to basic amenities such as education, housing etc irrespective of their gender, caste, marital status ?

2. If the notice is unlawful, which statutes of the laws are being violated ?

3. What can the owners who have received the said notice do ?

4. What could be the implications of violating the housing societys notice ?

Jurisdiction - State of Kerala

Based on the responses, I would like to recommend my client to retain an advocate who has prior experience litigating housing discrimination matters.

Thanking you

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4 Replies

Dr J C Vashista (Advocate) 08 November 2014

No one can dictate the member/owner of the house/flat in such a manner, challanage the notice and get the same set aside by the Registrar of Societies (if it is a group housing society registered under the State--Kerla in your case) Cooperative Societies Act.

If the RCS donot act, approach Kerla High Court for issuance of appropriate writ.

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VictimAdvocate (Victim Advocate ( Non Attorney)) 10 November 2014

Thank you Dr. Vashista for your response.

Dr J C Vashista (Advocate) 10 November 2014

Welcome.........

T. Kalaiselvan, Advocate (Advocate) 13 November 2014

The housing society association cannot send such notice arbitrarily on its own without a resolution to this effect passed in the AGM of the association. A resolution cannot be passed in the meeting without it having a place in the bye laws for the purpose. No bye law will restrict the owner to use his apartment for his own purpose or letting it out on rent. If at all there was nuisance and disturbance by the bachelors who were occupying the flat/apartment, legal action through police will be the correct action and not to issue notice to the owner of the flat. You may consult a local lawyer, give a reply notice refusing to accept their decision, let them think about the legal ways to stop you from giving your flat on rent to the bachelors. You can seek the help of court for relief and remedy thereafter.