Raj M B M S (Managing Director & Trustee (Educational)) 10 June 2017

Rights of Tenants in Societies wrt social functioning

Dear esteemed Seniors, I've come across a situation wherein the Association or society members who are mainly Owners of property in the society have wilfully kept the tenants away or discouraged vehemently the involvement of tenants in routine meetings and discussions of the association. While there is no doubt that the tenants do not have voting rights or any such discretionary rights in the formation of bye laws or rules of the association, am of the view that Indian laws might be considerate for the tenants to have a representation at such meetings or their voices need to be heard and addressed. In a scenario where the tenants are a minority or in cases where tenants are equal or more in number to that of owners such circumstances must allow involvement of tenants in routine transactions of the society where everyone's well being is debated or addressed. However the stand point taken by the association that I have come across is that : 1. Tenant cannot participate in association meetings 2. Tenant cannot contribute to any rule making or suggestion or new processes. 3. Tenant cannot represent a owner . Only owners are invited to meetings 4. Tenant has no voice in the society's concerns. Brutally are required to merely follow rules set up by the association and have no right to dissent or object even if the rules are unreasonable. What would be the guidance of the esteemed Lawyers Club members to me to address my concerns as an individual and as a lawyer trying to protect the rights of tenants

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7 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 10 June 2017

Sir kindly note that a leave and licence agreement is entered in to owner of premices and his tenent. Generaly tenant is entitled for all facilities to use which the owner is entitled.But some office bearers of societies unnecessarily harass tenents which should be avoided as it may result in unnecessary litigations in court.pl.note.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 10 June 2017

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 10 June 2017

Please mention which State, what type of Society i.e. Co-op. Socirty, society under any ownership act or any other.

Raj M B M S (Managing Director & Trustee (Educational)) 10 June 2017

State : Karnataka. Bangalore. Residential society. (it's flat owners association - the formal association is not yet formed considering the fact that the builder continues to sell flats in here and the process isn't complete ). Trust this information suffices. Please do let me know if any other info required. Am sharing this query on behalf of all tenants basically who stay based on rental agreements with the owners of flats in such apartment complexes. Up north we call it societies and down south they call it associations

Raj M B M S (Managing Director & Trustee (Educational)) 10 June 2017

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 11 June 2017

You say that an addociation is yet to be formed and registered. In Maharashtra it is not necessary to wait for the sale of all flats in a building or a complex to be sold to form an association. When a certain number of flats are sold it is mandatry to form an association with the purchasers of flats as members with respect to the sold flats and the builder as member with respect to the yet to be sold flats. In Karnataka there may be no such law. But still I do not see why such an association cannot be formed. As far as I know in Karnataka there is a Flat Ownership Act. An Association can be formed under the Act. But on some reason registration under the Act is voluntary. Alternatively one can register under the Co-operative Societies Act. In Maharashtra there are the Model Byelaws and at least for the first registration it can be only as per the Model byelaws. Most byelaws are drafted with the flat-owners in mind and that is for good reason. As far as the building its ownership and perioding services like painting are the concern of the owners only. Then there are services like lighting in common areas, sweeping, security etc. which are the concern of the actual residents, whether owners or tenants. When a tenant occupies a flat, he enjoys the services and he has a cocern in the quality of the service. But the charges can be collected only from the owners, because even when a flat is vacant the services have to be paid for. Hence the association can recognise only the owner for the purpose of levy of the charges.

You say:

1. Tenant cannot participate in association meetings As the charges are leviable from owners only tenants have only indirect role and that too temporary.

2. Tenant cannot contribute to any rule making or suggestion or new processes.

Can you give an example where a tenant can contribute?

3. Tenant cannot represent a owner . Only owners are invited to meetings

It may be possible to frame byelaws with provision for an owner to give proxy to his tenant.

4. Tenant has no voice in the society's concerns.

The Flat owner represents the association as far as the tenant is concerned. Again in any matter involving payment , the association can levy only from the flat owner. The association has no hold on the tenant. The association will always have a charge on the flat for its dues.

Suppose the residents of the building want to celebrate a festival, they are free to do that by collecting money from willing residents outside of the association