Satish Ravindrakumar Avhad (None) 19 January 2010

Rights of Owner

Hi All,

I have a small query & advice needed from you.

I purchased a flat in Samartha Garden complex in Mumbai. The society is not yet formed. But, there a (proposed) committee of members. This complex has the facility of the Community Hall.

I have rented out my flat. But, I stay nearby & I want to use this community hall for my own function. Now, this committee is not allowing me to use this hall on the basis that the rule they framed is : only the people who reside in the complex (including tenants) will be able to use the facilities.

So, my question is: Am I legally allowed to use the facilities of the complex when I have rented out the flat? Is it against the Model By-laws?

Important points here are:

1. Society is not yet registered.

2. Builder has already taken 18 Months maintainance as advance & there are no non-occupation charges as of now.

3. I am suggesting them to give the first priority for Hall Booking to those who reside & second priority to owners who do not reside. But, they are not in agreement.

Do I hold the right as a owner to use the complex facilities when flat is rented out?

Please, suggest.

Thanks,

Satish

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2 Replies

R.R. KRISHNAA (Legal Manager) 19 January 2010

Usually only owners/residents residing in the flat can claim such rights. Since you reside outside the flat, you cannot claim such right even though you are a owner of a flat. The committee is right in its decision.

V. VASUDEVAN (LEGAL COUNSEL) 19 January 2010

neither the maharasthra societies act nor bye laws preclude a society from recognising the rights of a member/owner just because the flat is rented. In fact any right that a licensee/lessee or a tenant that may arise in the society emanate from the member concerned. You being a member of the society is certainly entitled for any common facility provided by the society. At the best when it comes to priority the resident member may get a priority vis a vis a non-resident member. Raise a written request with the managing committee. If they dont agree, refer the matter to the Registrar of Cooperative societies.

vasudevan