Ashwinikumar Salunke
I owned 3BHK flat in Capital Tower Building, Wakad, PCMC area Pune, Maharashtra.
I let the flat to working bachelors as a tenant in February 2014, after that housing society formation process was initiated.
The emergency AGM was called by Society committee in Jan-2015 in that meeting it was decided not to let the flat to Bachelor Tenants. Some member opposed to this decision.
I have asked the permission to let the flat to working bachelors in writing. However society didn’t permit me.
The leave and licence agreement made with tenant will expired in Mar-2016.
Reference- I read your article on “Part 4 Model Bye-Laws 2014: Registrar’s power” posted in Cooperative coffee shop dated February-23-2015, according to this no permission of society is required to sublet the flat.
It is therefore requested to guide me to continue letting the flat to working bachelor tenant.
I C Naik
Buy a copy of your bye Laws registered by your Society. If they are as per the latest bye Law https://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Model_Bye_Laws_of_Coop_Housing_Society_New_Flatowner_Type_(2-9-14)%20(1).pdf
Point that out to the Committee. GBM Resolution is not valid as it violates the Bye laws. You will have to file a dispute in Cooperative Court to declare the GBM resolution null and void. Move right way. Do inform Registrar in writing about your going to Cooperative Court and wait for two months for his response.
