Manish Gandhi
I am from Rajkot(Gujarat). We purchased a Flat in Apartment in Rajkot which is not Co-Operative Society nor there is registered Apartment Owner’s Association and there is no by-laws. One Time Maintenance Deposit was obtained at the time of purchase of Flat and deposited in Bank as Fixed Deposit. Routine maintenance is carried out from the interest earned from FD so there is no monthly maintenance.
Now, we rented that Flat, so some of society member united, and with out called for general meeting, decided to charge Rs. 1000/- or 10% of Rent amount which is high, not to allow Tenant for parking Car, not to use ground or terrace unlike the other Flat Owners and various other Rules prohibiting Tenants which appears as unfair.
I believe that ours is Condominium who cannot charge such amount nor can make such prejudiced Rule for the grounds,
(i) Only Co-Op.Society, being deemed owner of the property, can charge N.O.C. for the subletting the property and A.O.A/Condominium having no right on the property can not recover such charge as they have no right on the property.
(ii) Rent is financial agreement between Flat Owner and Tenant, being confidential, not required to be disclosed before third party. So Rent based charge can not be recovered.
(iii) While subletting, Flat Owner give Tenant all right on the property to use and enjoy (except management & voting right in Apartment matter). So to prevent Tenant to enjoy such right is illegal and act of harassment which can attract criminal complaint.
I C Naik
Your flat belong to an unregistered association of persons for which the Government has not enacted any law, except that such associations are also Income Tax entities. Association members rights and duties are decided by those flat owners (in what you think as a Condominium) having a muscle power to cow down the others. Such associations may have groups initially but later the might is right. So join hands with those in authority sans law and sail with them.
