Ashish Yadav
Firstly, I have been reading a lot of articles on https://www.indiancooperative.com
To introduce myself, I am an NRI having a 3 BHK apartment in a co-operative housing society in Pune. Currently I have leased my apartment to 5 working females.
However a recent society resolution was passed restricting the number of tenants to 4, for which I received an email from the secretary stating I am breaking the society law.
My question is, can the society restrict the number of tenants in a 3 bhk apartment. They have the same rule for a 2bhk apartment in the same society. Personally I think the society is being unfair when it comes to leasing of 3BHK apartments. A family of 4 does not want a 3bhk on rent and working bachelor females cannot afford a 3bhk among 4 of them.
Please let me know your feed backs
I C Naik
In a CHS a person has an inherent right of occupation of the flat a purchase agreement of which is in his name as a buyer and he has been admitted to membership and has paid amounts a person is required to pay to become a member.
Allowing other person to occupy the flat is a conditional right and the conditions are laid down in bye-laws. Model Bye-Laws 2001 (assuming your chs has registered that Model) in Number 43 specifies these conditions. These are rules of sub-letting agreed to by and between the CHS and every member.
One of the conditions is the occupier shall apply for a nominal membership of the society. It can be argued that the nominal membership is a singular term and no more than one nominee per flat can be presumed. It appears your CHS has taken a liberal view and made a rule to permit up to 4 nominal members. It will be difficult to argue that the society cannot limit nominal membership number for a flat.