Suresh B Bhambhani
I am willing to lease out the flat to students/ working male bachelors or working females.
The society has not passed any resolution to above, however the M.C members are not allow the landlord to lease out the flat to the above-mentioned entities.
Please advise , under the circumstances, what action is required to be taken.
I C Naik
The BYE-LAWS give full authority to the Committee which can not be changed by General Body Resolution without amending the Bye Laws. Bye-Law No 45 provides this as under:
(1) A member may, with the previous permission in writing of the Committee, sub-let or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances:
(i) Where the member is required to go out of the area of operation of the society for a long duration on account of exigencies of service or business or on account of the prolonged illness;
(ii) Where the member is unable to occupy the flat owing to absence of facilities for education of the children or is unable to secure admission to the school in the locality for them.
(iii) Where his employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer.
(iv) Where a member satisfies the Committee about his inability to occupy or continue to occupy the flat for any other genuine reasons;
(2) No member shall be permitted by the Committee to sub-let, give on leave and license basis or care-taker basis his flat or any part thereof or part with its possession in any manner unless:
(i) he has made an application in the prescribed form;
(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker or possessor in the prescribed form;
(iii) his application contains the undertaking that –
(a)he shall, by joining the society as a party to the proceedings, initiate necessary legal proceedings against the sub-lettee, licensee, care-taker or possessor, on his failure to get vacant possession of the flat or part thereof on expiry of the period of sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or parting with its possession in any other manner and meet the cost of the legal proceedings required to be incurred by the society.
(b)he shall pay the charges of the society every month during the period of sub-letting, licence etc.;
(c)he shall pay non-occupancy charges to society. Non-occupancy charges shall not exceed one time service charges and shall not be levied if a member gives his flat to his intimate relativesi.e Mother, Father, Sister, Brother, Son, Daughter, Son-in-law, Grand son, Grand daughter and such additional relatives as decided by the society.
Provided that while permitting sub-letting, giving on leave and license or care-taker basis flat or part thereof or permitting parting with its possession in any other manner, the Committee shall restrict the period thereof to 11 months, which may, on the request of the member be extended for similar period or part thereof from time to time.
Bye-Law No further provides as how such applications are to be disposed off.
46.The procedure for disposal of the applications for permission for sub-letting, giving on leave and licence or care-taker basis flats or parts thereof or parting with their possession in any other manner, as laid down under the bye-law No. 67 shall be followed by the Secretary and the Committee of the society.
Sub-Clause (g) of Bye-Law No 67 is relevant and is reproduced below.
67(g) The Secretary of the society shall communicate the decisions of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days of the decisions of the Committee or the General Body, as the case may be, with reasons, where the applicants are rejected by the Committee or the General Body, as the case may be. If the society does not communicate the decision to the applicant within three months from the date of receipt of applications for membership, including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the Act.
Mark this carefully,
1The Secretary of the society shall communicate the decisions of the Committee within 15 days of the decisions of the Committee with reasons, where the applicants are rejected by the Committee.
2.If the society does not communicate the decision to the applicant within three months from the date of receipt of applications for membership, including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the Act.
For wrongful rejections i.e having fully complied with conditions if it is rejected appeal shall lie before the Registrar