I the undersigned belong to Navi Mumbai, Maharashtra state. Recently my Co op Hsg. Society has made a decision in AGM held on 21 Aug 2016 to stop the entry of all Bachelor/Spinster tenants in society and vacate all the present Bachelor/Spinster tenants before 30 Sept 2016.
We have complaint to the Joint Registrar Co op societies and local police station.
My query is :
1) Is it legal to ban and expel Bachelor/Spinster tenants?
2) Is it within the power of Managing Committee to ban and expel Bachelor/Spinster tenants?
3) What are the ways to keep the Bachelor/Spinster tenants irrespective of Managing Committee decision?
4) Is it possible to challenge such decisions in honorable courts of India?
5) What if all the societies ban Bachelor/Spinster tenants then where they will reside?
Please suggest your valuable opinions ASAP so we can take prompt action. If possible provide your office phone and mobile no.
I C Naik
Vivek Kumar in Navi Mumbai has been sub-letting his flat in housing society on LL basis to Bachelors. Some more members also were doing the same. Presumably the sub-letting was approved by Committee as required by its registered bye law No 45(1) on any of the 4 grounds.
There is yet another set of conditions to be complied by the member before sub-letting. These are in sub-section 2 U/S 45. These were also met and LL agreement which could be renewed for a further period of 3 months was executed. LL registered as so required.
In AGM on 21 Aug 2016, the Society resolved to put an end to bachelors occupying society flats in future setting a deadline of 30-09-2016 for all bachelors to leave society flats.
This subject which has been called Ghettoization of minorities in housing societies has appeared on www.indiancooperative.com more than once
Following links are provided with a request to go through as this answer would like to take benefit there of.
https://www.indiancooperative.com/cooperative-queries/query-from-shrikant/ [On bachelors]
In your case till subsisting conracts exist housing society has no power to direct you to cancel them premature, unless the LL has included as one of the conditions for premature termination as majority decision of general body meeting so directs.
