Resolution can be challenged. Owner has authority to let out his property for any legal purpose. In no case essential necessities can be disconnect by association, illegal. Give the property on rent and if any coercive act by association or disconnection. File criminal complaint.
Apartment Association not allowing me to let out my property to working women
Sir, I have purchased a flat in an apartment complex and by virtue of ownership become member of the association. I want to let out the property. The association laid ruling that flats should not be let out guest house or bachelor's. As it is a residential accomodation it should not be used for commercial purpose. But barring the bachelor and bachelorettes is legal. Whether they can pass such resolution and implement? Further leave the boys, I wanted to give to working women employees with proper rent agreement. For this also, Association is objecting, stating that I should only let out my property to families or otherwise, they will disconnect water connection to my flat. They are saying if it is not families, who will monitor illicit relationship of the working women. In such case what action I can take on the Association and members. In such case for financial loss, who will be responsible. I want to initiate criminal charges if required on the management of Association.
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
Such resolution would not withstand legal scrutiny
you are at liberty to give your flat on rent t to working women
complain to registrar against society
you can also file complaint against society before consumer forum and seek orders to direct society to permit you to give flat on rent to working women
1. Disconnecting Electric & Water connections would amount to prosecutable penal offences, as upheld in several HC judgments.
2. Since the objects of the Association is to provide "common amenities & services" to its members, the Association does not derive any legal right over the Title-Owner's property and neither can the Association legally restrict /restrain the owners from renting /leasing out their properties to anybody whosoever they like.
3. Read the following link, for related information:
Association /Society has no legal right to refuse any Bachelor Tenants /Paying Guests. IF Association /Society refuses THEN it is doing a Criminal offence:
https://chshelpforum.com/bachelor-tenants
4. You can file a grievance petition in the local Consumer Court, against the Associations illegal trade practices, restraining, harassment, intimidation and claim damages /compensations /costs /interests for the mental & physical trauma caused by the illegal actions of Association.
They can't do that. You can give it to anyone you want. You can complaint to dy registar or approach consumer court for Redressal
You can let out your flat to the working women on rent, there is no harm in it.
If the association is threatening you with the said by laws, you can issue a legal notice demanding the provisions of law for creating such a by law which is against the interest of the members.
There is no law or ruling anywhere to not to let out the proeprty on rent to the prospective tenants.
You can take the assistance of an advocate and issue a legal notice in case of any such excesses committed by the association.
If they are disconnecting the basic amenities namely water supply or electric supply, you may approach court with a suit for permanent injunction agaisnt the association and then drag them to consumer court for deficiency in service and can even seek compensation for this deficient service.
The law whatever the association is reported to have framed is illegal and against the human rights.
- As per law , A society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- No, Flat owner can be stopped from renting out his flat to anyone including Bachelors
- No, male/female servants/guest can be stopped from entering into the society, if the society is doing this , then the person harassed , they can claim compensation as well.
- Society by law and resolutions must be limited to the mandate of governing the societies affairs and nothing more.
- Further , the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.
- Hence, the unjustified actions of Association to object to give flat to the women employees etc , is against the jurisdiction of the society.
- You should file a complaint before the Registrar of society or Court for getting order in your support.
societies are legally empowered to deny permission to certain types of tenants. However, if any such bye-law affects the fundamental rights or basic human rights of a person, that bye-law can be challenged in a court of law. If dragged to court, there is a solid chance for the association to lose because the association’s laws do not have the same stature as that of the Indian law.
1. Ask society to provide copy of bye laws under which they are refusing to rent the property to working women so that You can challenge the bye law of society in court under which the discriminate the tenants on their gender.
2. Society cannot disconnect basic amenities even if you rent out the flat to singles or working women.
3. You can claim financial loss from society if they doesnt let you rent the flat.
4. Criminal charges cannot be put on management in this case
1. This is goondaism by RWA. Such prohibitions are totally unconstitutional.
2. This is violation of right to freedom of life and liberty under Article 21 of the Constitution of India which includes the right to let out property to anyone. A writ petition may be filed in the High Court to declare the said rule or ruling as unconstitutional.
The Association cannot impose conditions on you. Further, if they disturb your basic amenities you can lodge police complaint against them.
You can also lodge complaint with the Registrar of societies against the high handedness of the Association about your problem.
A complaint must be filed against the association as they are denying you your fundamental rights.
