Mr. B.F. Gonsalves
I have a flat in Pune and the society passed a resolution for not allowing flats to bachelors and spinsters in Sept 2014. My tenant is a Bachelor since 2010 and the lease agreement and police clearance have been submitted to the society. They also decided that the society will charge Rs10, 000/- per month as penalty if the bachelor tenant is not evicted.
Please advise if the society has the power to pass such resolution and if they can then are they allowed to charge Rs. 10,000/- per month as penalty.
I C Naik
As per Bye Laws the Society can pass resolutions on matters which the Bye-Laws allow the General Body. No resolution is binding on members not permitted to be passed. General Body can penalize members in accordance with the procedure set out in bye laws which is as under.
164.The meeting of the general body of the society may prescribe penalties for different breaches of the bye-laws of the society. The Secretary of the society, under instructions from the Committee, shall bring to the notice of the member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the member persists on continuing the breach/breaches, the Committee shall give the notice to the member to show cause as to why the penalty should not be inflicted on him for breach/breaches of the bye-law/bye-laws.
The general body meeting, after considering the sway of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society, maximum penalty of Rs 1000/-[Bye Law 166 of 2009 Model]
Buy a certified copy of your society’s bye laws and check if there is a Bye law which prohibit the management to allow flats to be rented to bachelors and spinsters and even if it is so you need not pay penalty unless you are satisfied that procedure as per above bye law has been carried out.
Managing Committee or General Body cannot run societies on whims.
