Query of Sanjeev Moondra

We have received intimation from a Society member that he wants to partially sublet his flat in our Housing Society. Is partial subletting allowed in a Co-Operative Housing Society?

Can the Managing committee refuse his request? If so, on what ground?

I am the Chairman of this Housing Society which has 494 flats.

I C Naik

Registration number – TNA / (TNA) / HSG / TC / 28015 / 2015 indicates that it has been registered proposing bye-laws Model 2014 released by Commissioner for Cooperation and Registrar of Cooperative Societies on, November 1 2013.

You have a free excess and also a duty to study the registered bye-laws of your housing society. I am at pains to observe that you have completely failed in that. Your housing society having 494 members and as it’s Chairman you have so simple question  the answer of which you cannot find on your own, (and possibly the Hon. Secretary is equally ignorant) it is really a matter of high risks to compliance of society law.

Please note that Section 24A of the M C S Act 1960 and Rule 20A of the M C R 1961 exhort every housing society to provide certain minimum education and training to members of the society and of the Committee which I suggest please take up as soon as possible.

As for sub-letting the flat, if a member has asked for prior permission it means he is also not aware of the relevant bye-law namely 43 reading as under:

43. a) A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement   and   copy   of   intimation   report   to   the   police station.

(b) No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting.

I am sure you can see that if registered bye-laws arelooked in to for any question or doubt in most cases answer will be found.