I stay in Maharashtra, Mumbai, Borivali west and currently I am the secretary of our co-operative housing society “Dharmendra Co-operative Housing Society.
One flat which is of two BHK is occupied by the owners sister, as the the new model bye law we cannot charge her non occupancy charges. But she has been keeping PG since two years and we are not sure whether we can charge her non occupancy charges for keeping PGs.
I C Naik
The owner should have complied with following bye law requirement (This is as per Model 2001, as I guess registered bye laws of your housing society are based on that Model):
Sub-letting etc. of Flats Extract from Bye Law No 43
- (1) A member may, apply to the society, of his intention of sub-letting of his flat and on receipt of the previous permission in writing of the Committee, sub-let or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances:
(i) Where the member is required to go out of the area of operation of the society for a long duration on account of exigencies of service or business or on account of the prolonged illness;
(ii) Where the member is unable to occupy the flat owing to absence of facilities for education of the children or is unable to secure admission to the school in the locality for them.
(iii) Where the employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer.
(iv) Where a member satisfies the Committee about his inability to occupy or continue to occupy the flat for any other genuine reasons;
(2) No member shall be permitted by the Committee to sub-let, give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any manner unless:
(i) he has made an application in the prescribed form;
(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker or possessor in the prescribed form;
(a) he shall pay non-occupancy charges to society. Non-occupancy charges shall be charged in accordance withthe circular issued by the Department of Co-operation Government of Maharashtra from time to timenot exceed one time service charges and shall not be levied if the flat is occupied by the “Family” of the member as defined under these bye-laws.
Government of Maharashtra.Co-operative, Marketing & TextileDepartment has issued
Government Order No. SAGRUYO- 2010/PRA.KRA- 173/14 S Mantralaya Extension, Mumbai- 400032 Dt- 25th Feburary2011 stating that non-occupancy charges will also be applicable to the paying guest”.
One can see this circular on the following link
