We have a small co-operative housing society with 12 members. My query is as follows…
Member “X” has rented his flat to a tenant and as per society bye-laws he has submitted a copy of his rent agreement to society for information.
We have member “Y” in our society, who has given an application to society to provide him the copy of rent agreement submitted by member “X”. This copy he need for his personnel purpose , some legal matter against his wife in court as his wife also has flat in our society with membership (i.e. she is member “Z”) of our society and rented her flat.
What I want to ask, Is it binding on society to share “Hard copy” of rent agreement of member “X” (which is personnel information of member “X”), to member “Y”.
If Yes, Whether we need to take consent of member “X” before it is given to Member “Y”.
Does society chairman need to sign on the copy with the seal?
I C Naik
This is a like a close-neat small family like housing society. Members can cooperate in any manner whether a law provides h cooperative behavior. Officially what documents a member is entitled have from the Society provided in the MCS Act 1960 and that does not include the document Y wants to have a copy for her wife’s use in Court Case. Court cases do not take palce every now and then and the Society management has also an opportunity to learn a lot from such rare events. I suggest he Chairman or Secretary should discuss the Court matter when X and y are present and assess if anybody has a reason to hide any facts from others. If the answer is in negative, no harm in parting with copy. In any case it is a public document in the sense its copy is registered with the Registrar of Documents in any case. If required the Chairman or Secretary can certify it as a copy of the document taken on the records of the Society
