• Owners or tenants authority for number of people to live within apartment

I am a member of the newly elected committee of a brand new apartment in Bangalore having a huge supply of apartments (270+) for rent, due to the availability of apartment for rental being high and owners are desperately looking for returns of their apartment investment. Few of the flats have been leased by football academies without association knowledge having 8 to 12 kids in 2 bhk and 10 to 15 in 3bhk from the various age of 6 to 21 along with 1 adult caretaker, as informed by football academy but we doubt this to be true. Our association has a concern that I am listing below and would like to know what would be the right approach.
1. From child protection right is it legal to allow kids staying in the same apartment at such huge number even if the caretaker is present?
2. Whose responsibility is to protect these children and in worst case scenario if any child faces child abuse or rape who would be the held responsible?
3. We did conduct electronic polling with all owners to understand if they are willing to let other owners rent out flat to any sports academy, and the result was unanimously not to allow as the resource utilization by academy kids currently are huge and as well the common areas being dirtied. 

A few owners have already signed and few others are in process of agreement with the football academy we would like to know if we can ask existing flats to be vacated keeping in mind other owners interest and to save resource and as well from child welfare perspective. 

Appreciate to understand legal law by which assosiation can handle this situation
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

hello,

the law imposes no restrictions upon the owners of the flats to make the resident owners/tenants of the flats state how many persons would be staying in a single flat. the owner/tenant of the flat has the sole discretion in this matter. the owner can, however, state precisely at the time of giving the flat on rent that only families should stay in it/married couples or impose any no. of conditions which are not restrictive and are not against the fundamental rights of the residents of the flats.

now the flats leased to the companies were leased out by persons who must have had agreements with those companies and the owners must be knowing full well who is staying in those flats.

now the committee can object to certain tenants living in these flats if all the other committee members are in agreement with them.

the academies must be owning some of those flats as you stated. the owner academies have not informed the committees, the committee members can always object to the acts omissions of those errant owners which are not in consonance with the society rules and regulations.

if the parents of those minor children have no problem, then this issue cannot be raised.

the security and safety of these children is the responsibility of the academy and in case of default, in case of child abuse etc. the academies would be responsible.

the committee members would also be held responsible if adequate security is not provided as per the charter of the society rules etc.

therefore, if you are letting this crowd be a part of your society, take extreme caution as in case of any crime/ offense being committed on the premises, the committee members could be interrogated, and in case of lapses, could be made a party in the proceedings.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. If a unanimous resolution against allowing such academies as lessee or licensee, has been passed, then committee can issue notice to the concerned owners to have their flats vacated

2. Resource utilisation like water will obviously be high if so many kids are allowed to stay in a single apartment

3. It also causes nuisance and annoyance to owners who are self using their respective apartments

4. Fire hazard due to negligent use of electrical equipments by the kids cannot be ruled out

5. The onus will be on society Committee if no proactive steps are taken to avoid any potential mishap due to such letting

6. If the flat owners still proceed to give their flats on rent to such academies despite the society resolution against it, then notify the district deputy registrar of co operative societies

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

NOC of association is necessary to give premises on rent

2) further police verification of tenant is necessary

3) you can on basis of resolution passed by association in AGM ask owners to evict their tenants

4) in the vent of untoward incident happening in the flats the flat owner as well as caretaker would be held responsible

5) it should be made clear that not more than x persons can stay in premises given on leave and licence basis

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hii

This is very risky and scary too. The apartment owners should not do this type of act.

See we cannot tell actually who will be responsible and guilty beyond the point except the culprit.

Under the child protection Act. The members of the society should take certain step like 1.informing and update the police or child cell with list of children also G with care taker during every exist and in.

2. Have proper security and CCTV camera fix in entire premises.

3. Fix some emergency contact numbers of police , child protection agency and medical help.

As well keep inform and update the association too.

Would be best if the member are co-operative or supportive.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

1. Yes, there is no breach of law by this.

2.The person under whose care the children remains in the complex he would be responsible for any negligence act apart form the person who abuses them. The MC f the building is no way involved.

3. The association can not restrict a owner to use his flat ti give on rent but since the presence scenario causing nuisance they take exception of it and ask the owner to search for new tenant which does not cause any obstruction on common user of the premises or causes nuisance.

4. I think the academy may be requested to control the trainees and take proper care so peaceful existence of the other flat owners is not hampered with.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Please note that any untoward incident in the society is the responsibility of the RWA. The RWA is unpowered to make rules and get it approved in SGM/AGM for the tenancy of the apartment and put conditions as approved by the members at large (2/3)rd and tenants as well as the owners have to follow the conditions as stipulated other wise RWA may take the appropriate action to the land Lord and happy penalties for.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Apartment owners association is a vital part of a community living. Apartment owners association works for the welfare of residents in the apartment, conducts events or awareness programs and protects the rights of apartment owners. Arbitration is a technique for resolution of disputes among members of the association or residents in the apartment. There may be internal matters in the apartment that need to be resolved or the apartment owners association may have disputes which may require legal intervention. The general body elects members belonging to the general body to form a Management committee. The management committee represents the apartment owners association and will look into all matters concerning the apartment as well as the rights and interests of members.

The better You will call an AGM and make the resolution to restrict or evict the tenants from apartments. The same time you must know that every Indian citizen has the right to reside anywhere in the country and discrimination is not allowed on the basis of religion, caste, sex, eating habits or marital status.

So if a tenant feels a housing society has not been fair, he can file a police complaint against it, claiming infringement of his rights as a citizen. The member, too, can take legal recourse, such as approaching the civil or the cooperative court. He can also appeal to the deputy registrar of housing societies concerning his grievances. Besides, the housing societies that impose additional maintenance charges on the apartment owners who have leased their property are legally allowed to do so under The Societies Act.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Hello sir , on legal grounds you cannot deny tenancy untill and unless if there is any illegal activity that is being done or the apartment is being used for commercial purposes..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. From child protection right is it legal to allow kids staying in the same apartment at such huge number even if the caretaker is present?

Answer: Kids are allowed to stay. But if the apartment is being used for commercial purposes then the permission of the society or association is mandatory;

2. Whose responsibility is to protect these children and in worst case scenario if any child faces child abuse or rape who would be the held responsible?

Answer: Since a caretaker has been appointed, then he/she is responsible, then the football academy is also responsible;

3. We did conduct electronic polling with all owners to understand if they are willing to let other owners rent out flat to any sports academy, and the result was unanimously not to allow as the resource utilization by academy kids currently are huge and as well the common areas being dirtied.

Answer: If the vote is against the letting out of rooms for the children, then it is in the best interests of all the owners of the flats and the society/association.

This is in further response to you:

1. This is a commercial activity therefore the permission of association members/ president is needed;

2. If the owners vote against the running of such academies then it should not be permitted;

3. It is better to side with the owners and disallow the children or their caretakers to permit such activities.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The flatowners requires a ' No Objection Certificate' form the society before licensing, renting or leasing the flat, as the flat for given for commercial purposes to a company.

In case, all the society wants to curb such a menace, they should pass a resolution with 2/3rd majority in SGM banning such activities and can order eviction of such flats.

Also, police as well as registrar of cooperative society should be intimated too that such activities are going on, otherwise, the society would also be answerable, if anything happens to any of the children in future.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Firslty, if you yourself is saying that you have an apprehension of some sort of mishappening with any child then what is the point of asking others.

Secondly, even if you happen to ask for the others to vacate the same then if somebody say no to it then you can’t force them to vacate.

Thirdly, there are chances that people may go to court also against your approval been given if any before giving them rooms on rent because of the reason of public nuisance.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. It may not be permitted in law to allow the flat to function like an hostel for number of kids to stay there, but who cares the law.

2. It is the responsibility of the owner to ensure that no such untoward incident takes place or to indemnify the association about the responsibility in the event of any such incident reported.

3. If the decision by majority is not to allow then you may strictly advise the owner to immediately stop renting the flat to the academy and instruct them to vacate

If the association is not granting permission or NOC for thisthen the owner may be notified about this and pressurise him to get the inhabitants vacated.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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