We are a gated complex of around 240 bungalows. We had formed a cooperative housing society around 10 year back. As it is primarily a second home, it is not normally occupied or visited very often by owners. We have around 60 of owners who would like to rent our bungalows to Oyo. There is a lot of resistance from the society managing committee and we are not getting an NOC from them. 1. What are the points the bungalow owners need to consider while giving their bungalows on rent to Oyo in a gated bungalow complex and cooperative housing society like ours? Thanks and regards Rohit
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Yes, that is possible to give bungalows on rent to Oyo. All those members who want to give bungalows on rent kindly come out of the society means first become non-member and than be individual or form another society who all be favor in residential cum Oyo rent scheme.
You have to sign individual MOU to give bungalows on rent accordingly the terms and conditions of each owner.
Does the society have the right to stop us from renting the bungalows to Oyo?
1) You are seeking to rent your bungalow for commercial purposes
2) you need society NOC to do so
3) you cannot convert residential premises to commercial use without society NOC
Society can restrain you from giving premises on rent to Oyo
Yes, if the resolution is passed in the AGM of society than they have rights deny.
There is only one option for you to come out of the society and remain individual or form another society with rest of the members.
1. IF OYO is going to use the Leased /Rented bungalows /houses ONLY for peaceful & non-disturbing "residential purposes", THEN the Society has no legal right to refuse /restrain the bungalow owners from renting /leasing out its properties.
2. Membership of a Society is Voluntary and NOT mandatory and the objective of forming any housing Society is limited to providing "common amenities & services". Hence Property Owner/s of such Society can simply resign from Society membership, which will NOT affect any rights of the property owners. (I'm in Mumbai for any such required services). Also , for CHS related issues.
Society has no right to stop giving flat on rent but keeping safety concern in notice. Against security threat, society has absolute authority to create rules which are binding.
But oyo provides guest house and hotel facility and not permanent Tennant stay, this facility cannot be use in society.
1. See you need a NOC of the society to rent the bungalows if housing society has made such bye laws though they cannot stop you from renting your bungalows if they stop you from.doing so you can approach the registrar of the societies.
No they cannot stop you though they can pass resolution for use of premises for.commercial purpose though for residential use like in Airbnb they cannot stop.
- As per rules of housing society , No commercial use of property in housing society,
- Otherside, A fixed area can be legally used for commercial purpose limited to official use only , i.e can be used for services by resident advocates, chartered accountants, doctors ,tutorials, dance and yoga classes.
- Further, one can use the bungalow/ flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature, and it should not cause nuisance to other dwellers of the society, but, approvals from the housing society are required.
- Hence, the society have the right to stop you from renting the bungalow to Oyo, after kept in mind that the said company will create nuisance in the society.
- On refusal , you should give an undertaking to the managing committee of the society , that the said bungalows will be used for official purposes only , and it will not create any trouble for other members of the society.
- Even the society refuse to issue NOC , then you people should file a Suit under Section 6 of the Societies Registration Act, 1960.
You can rent the same in oyo. You don't require their noc. You can do it by changing the use and follow guidelines of local municipal Corporation for the same
It depends on the local laws of the local civic bodies on such issues. If you are engaging with end tenants directly, its a residential tenanted property where you pay double the property tax compared to self use. If you let it out to Oyo or nestaway, its a commercial transaction and the taxes and electricity billing has to be at commercial rates. The association has every right to go against the individual owner.
Just like people claim fundamental rights, the association also consists of people who can claim fundamental rights. While it is true that the association cant ban pets or bachelors, the commercial utilization of residential apartments can be challenged.
So you may give a second thought over it instead of rushing it up since others are on the line for this.
The society is again represented by the members of the society hence it is views of the members on the whole and not the society rules or law about it.
To get such approvals, a valid No Objection Certificate (NOC) from the society is mandatory.
most housing societies disallow their members from leasing their properties for commercial purposes.
1. The society has no right to preclude the owners from renting their bungalows to anyone.
2. All the owners who wish to rent their bungalows but are prevented from doing so by the society should file a suit for permanent injunction against society.
Ans: You will have to obtain the NOC from the managing committee otherwise they may harass the tenants residing there after sometime on one pretext or the other.
Unless the NOC is obtained it is not advisable to go ahead and give the bungalows on rental basis.
1. The main point to consider while renting bunglow in a gated society is security of society.
2. Yes society have right to stop owners from renting the bunglow to OYO due to security reasons.
