Suryakant Bobhate
I would like to how much non occupancy charges a housing society can charge if a flat is given on rent & can general body override society by laws.
Thank you
I C Naik
No one can guess to which state Suryakant Bobhate belong?
No one can guess which model bye laws are registered by his housing society?
General body is a final authority as per Section 72 of the MCS Act 1961;
“Subject to the provisions in this Act and the rules, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the by-laws.”
All model bye-laws also make a similar declaration but with a minor modification. Compare the text of section 72 reproduced above with the Bye law reproduced below carefully and find out the answer to your question whether General body can override bye Laws.
111.Subject to the provisions of the Act, the rules and the Bye-laws-laws of the Society, the final authority of the society shall vest in its general body meeting, summoned in such manner as is specified in these bye-laws.
As regards quantum of NOC it depends on the provision in the bye laws. so go to the office of the society and ask for inspection of the registered bye Laws.
