• Bachelors in condominium under Maharashtra Act 1970

Our Society is running under condominium and is following Bye-Laws mentioned in DOD. I have specific questions regarding Bachelors in society under the Apartment deed. 

1). Can we Stop Bachelors from being getting rented in the Premises under condominium? If Yes, what is the Procedure of doing So? If No what all documents we need to have to ensure a bachelor staying is not having a criminal record? What action can be taken on Owners, if they do not provide documents needed? 

 
2). If we can not stop bachelors to be rented as Tenants, can we stop Bachelors from using Amenities like Swimming Pool, Gym and Clubhouse?
Asked 7 years ago in Property Law
Religion: Christian

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12 Answers

1.The legal stand is clear that no bye-law can be in contravention to the law of land.  An apartment owner shall have exclusive ownership and possession of his apartment. Therefore, the RWA cannot stop him from renting or selling his flat to any person, irrespective of religion, caste, race, etc.

 

2 . Society can do so but againt they have no constitutional right to do so. Any regulation which infringes on the fundamental or legal right of an individual can be challenged in the court of law

 

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1) Need to check what Bye laws has been passed in the AGM by society body and whether same bye laws has be registered with registrar of MCS as per the Act.

 

2) You Society is not allowing Bachelors to stay as tenant in the society or provide rental service by owners. here need to check Bye LAws created by Society.

 

On that basis your questions are depending

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you cnanot stop bachelors from staying on rent in condonium 

 

2) you can insist on police verification of bachelors 

 

3) give NOC only if police verification is done 

 

4) you can impose charges on bachelors using club house 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Do only give a complaint to the police commissioner of the city that without verifying the antecedents of the tenant the people are giving the accommodation on rent, they will settle the matter as now it is madatory.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. the association can permit the owners to rent their premises to bachelors subject to terms and conditions which the association may by resolution determine 

2. so for the above the association will have to call a meeting of owners and pass necessary resolution to above effect and also decide on the terms on which owners would be permitted to rent their premises to bachelors

3. a blanket ban against renting of premises by owners to bachelors is violative of the constitution on the ground of discrimination 

4. the association can very well resolve in its meeting by a majority vote of owners entitled to vote at that meeting, as to the terms like permitting the tenants to use the common amenities and the terms of usage

5. for ascertaining that the tenants of the owners do not have a criminal past, the owner would be obligated to carry out police verification in a local police station having jurisdiction of the property of the association and submit a report or challan issued by the police to the association for its record

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

1. No you cannot impose such restriction on bachlorers.  You can seek a police verification report that is general practice for all tenants bachelor or married, penalty can be imposed if the owner fails to provide such documents

2.  If bachelor is a member or a guest or authorised by member you cannot stop them if they pay for such services. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Legally you can't make such rules in bye laws of the society. You can have police verification. You cant legally stop them from using amenities

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1.  Citizen Bachelors Tenants CANNOT be stopped in residing and using common amenities & services, in any Society /Condominium.  It would constitute a criminal offence.

2.  The Administrative authority or committee, may seek legal recourse by filing a complaint with the local police station, for any nuisance or illegalities committed by bachelor tenants.

3.  Search "bachelors tenants"  article in google.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It is not legal to ban bachelor's from being tenant. But the society or management can have certain rules .

If bachelor tenant paying maintenance charges of club house then you cannot stop them. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that you want a stringent action/ or method to avoid any bachelor in the society especially with respect to any criminal record.
  2. Let me tell you that there is no provision in the act under which you can stop for letting the flats to bachelors, but yes at the same time if there is any specific clause in the society agreement with respect to the same issue then you may stop it.
  3. And also for getting sure about security of the society, society have all rights to ask for the police verification first prior to the giving of the flat on rent.
  4. And if owner denies for the same then you all are obliged to take action in accordance of your own rules, if needed then can approach the societies registration court or cohort of civil law for injunction against renting to bachelors without police verification of their criminal records, if any.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1.  There is no law or rule prohibiting the bachelors from renting the condominium. 

In condominium the owners have the right to lease or rent the same to anyone of their choice which the association cannot interfere.

In general, as per latest rules, a owner who is renting out the property to anyone on rent or lease has to verify the details of the tenant and should submit the information to the nearest police station, it is applicable for even individual houses given on rent.

 

 

2. If the amenities are common to all the owners, then the bachelor tenants cannot be restricted from using the same. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. No. No citizen of India can be prevented from enforcing his/her right  to take a place in rent for living for his matrimonial status. However, you can pass a resolution in your AGM to be selective in chosing tenants by the members based on past criminal records. 

 

2.  You can not prohibit your tenant in using the facilities provided to their landlords unless there is a valid reasomn for that and for that you shall have to pass a resolution to that effect.

 

3. In the Society where i live, there are 99 members but it can accommodate only 60 cars for which we have passed a resolution that tenants car will not be allowed to be parked giving preference to the flat owners. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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