Issue with Housing Society Committee

Hello, I have some shops in a Soc in Kalyan west Maharashtra. I have a few questions 1. Is it compulsory to inform society before giving shop on rent? 2. Is it compulsory to give written information to SoC for any work like installation of board, glass doors and AC ( in the shop, not in common areas) 3. One of my tenant owns a shop in the same soc, is his police verification necessary too? 4. Soc has been sending notices to my office (business address). Are they authorised to do that? They have not sent any notice to my house address. I have not given them my business address, they got it from someone in the soc 5. Soc is writing to SoC registrar to cancel my SoC membership as I have not given tenant verification or agreement (the tenant is an existing member of the soc). I have given agreement and tenant police verification copy for other tenants. 6. Soc charges some amount for any work you do in your own shop. Is that legal thing to do? 7. Can society write to municipal corporation and police station for such issue? Thanks

9 Answers

Informing Society for Renting:
- Yes, Maharashtra Cooperative Societies Act, 1960 requires members to inform the society before renting. Provide a copy of the agreement and tenant police verification.

Permission for Internal Work:
- No, for internal shop works (e.g., board installation, glass doors, AC) that do not impact common areas or structure, informing the society is not mandatory.

Police Verification for Tenant Member:
- Yes, police verification is required even if the tenant owns a shop in the society, as per local guidelines.

Sending Notices to Business Address:
- Notices should be sent to your registered address with the society. Sending notices to your business address without your consent may be improper. You can dispute this.

Cancellation of Membership:
- Society cannot directly cancel membership without valid reasons. If you’ve submitted police verification and agreements for other tenants, the claim is weak. Challenge this with the Deputy Registrar if needed.

Charges for Shop Work:
- Society cannot charge you for work inside your shop unless it impacts common areas or violates society rules. Seek clarification on what rule permits such charges.

Society Writing to Authorities:
- Yes, society can write to the municipal corporation or police for genuine legal issues, but such actions must be reasonable and not retaliatory. If you believe this is harassment, you can file a grievance with the Cooperative Court or Registrar.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal

Shubham Goyal

Advocate, Delhi

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1) intimation should be given to society

2) for installation of Ac , glass doors no intimation is necessary

3) police verification is necessary for tenants

4) notice should be addressed to your address mentioned in society records

5) your membership cannot be cancelled

6) society cannot charge you for work done in your shop

7) you are not carrying out any structural alterations . for repairs permission is necessary

Ajay Sethi

Advocate, Mumbai

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Hi
Thanks for the answers. Still have a few follow up queries
1. I have not written to the society till date and not given the agreement and verification copy. What should I do now?
2. The tenant is vacating the shop in a few days. Is it still necessary to provide the agreement and verification copy?
3. If tenant vacates the shop, and I put it up for rent again, do I have to inform the soc again that I am putting it up for rent
4. I have purchased the shop from other member of the soc. If they had given a letter to SoC for putting shop on rent, do I have to do it again?
5. The soc secretary is doing all this on purpose od harrassment. Where should I complain against him?

Asked 7 days ago

submit copy of rental agreement and police verification copy

2) inform society that tenant will be vacating premises in few days . copy is sent only for record purposes

3) you have to inform society again

4) yes you have to do it again

5) complain to registrar against society office bearers

Ajay Sethi

Advocate, Mumbai

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Missed Submission: Submit the rental agreement and tenant verification immediately to comply with society rules.

Tenant Vacating: Inform the society about the vacating date instead of submitting documents now.

New Tenant: Yes, you must inform the society and submit documents for every new tenant.

Prior Notification: Yes, as a new owner, you need to inform the society afresh.

Harassment by Secretary: File a complaint with the Registrar of Cooperative Societies with documented evidence.

Thank you.
Shubham Goyal

Shubham Goyal

Advocate, Delhi

208 Answers

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1. The society has to be officially intimated about letting out the property on rent.

2. There is no necessity to obtain permission or intimate society for undertaking interiors of the property.

3. If his police verification has already been done, you can endorse the same to this tenancy too.

4. Society can send the correspondences to the address registered with them, they cannot resort to the idea of sending notices to your any other address until and unless you have not responded earlier to their notice. You can categorically inform society to restrain from such practice in writing.

5. On receipt of any such notice you may comply with the demands made.

6. If it is against the bylaws you can protest and issue a legal notice demanding their authority for this demand.

7. The corporation cannot interfere unless there is a deviation in the structure or changes made to the structure

T Kalaiselvan

Advocate, Vellore

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1. If you have not submitted them yet, you may do it now.

2. If the tenant is vacating, then you need not submit them.

3. Yes.

4. As a new owner it becomes your duty as well.

5. If the harassment is intentional and against the bylaws you can resort to legal action as per law.

T Kalaiselvan

Advocate, Vellore

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1. If the shops are commercially approved by the society , then the information of renting the property to the society is not necessary, as being the legal owner of the said shops you have right to let out the same.

2. No

3. Police verification is mandatory in all the parts of India

4. The society can send the notices on any address given by you , however you can change that same after giving an application for the same.

- Further, the society cannot object for the letting out that shops to a tenant.

5. You can submit the details of other tenants to the society

6. The society cannot ask for any charges even for giving that shop on rent. You can refuse for the same.

7. As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

Mohammed Shahzad

Advocate, Delhi

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Dear Client,

In the Present Scenario, you have some shops in a Society, in Kalyan West Maharashtra. With respect to this, you have asked a few queries. Firstly, with respect to the query as to whether it is compulsory to inform the society before giving the shop on rent, under the Maharashtra Co-operative Societies Act, and its related bye-laws, it is generally required that, an information must be given in writing to the society, on renting out your shop, which would ensure that there is a tenant verification performed, and security compliance is also present. With respect to the second query, usually no permission is required specifically for doing any internal work within your shop, but if it affects the common areas of the society in any way, or such installations are carried out that are visible to the outer society, a written information to be given is suggested. with respect to your third query, usually police verification is necessary for everyone regardless of their membership in the society. With respect to your fourth query, society notices are generally sent through the registered address provided in the relevant documents. However, if such address was obtained unlawfully without you providing such information to send notices, the same may be brought to the society's attention. With respect to your fifth query, a society cannot recommend the cancellation of your membership in a unilateral way for the reason of not providing tenant verification, especially if a tenant is already the member of the society. With respect to your sixth query, in general terms, a society cannot charge for the work that was conducted within your shop unless the same impacts the common areas of the society. With respect to your last query, the society may write to the municipal corporation or police for such issues including security concerns, or violation of any laws that were set, but however, such complaints must be properly substantiated with the relevant reasons.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu

Advocate, Bangalore

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You have to inform society once it’s rented out with the copy of agreement. There is no need to inform in advance

Prashant Nayak

Advocate, Mumbai

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