Are Housing Societies Allowed To Refuse Tenants?

Are Housing Societies Allowed To Refuse Tenants?

By siliconindia   |   Monday, November 5, 2012   |    3 Comments
printer Print email Email

Bangalore: It is a known fact that housing society denies tenancy based on many reasons. For instance, the denial of tenancy may be lessee’s food habits, marital status, family with pets and many more. “There were some media reports as well about people belonging to a certain religion being denied permission by the housing society," according to Ramesh Prabhu, Chairman of Maharashtra Societies Welfare Association, reports Amit Shanbaug of Economic Times.

1) Does housing societies have rights to make their own laws?

Certainly, the housing societies can make their own laws, according to legal experts.  There are wide set of guidelines or say bye-laws which every housing society choose during registration, said Ravi Goenka, advocate, Goenka Law Associates. He further added that "These guidelines are typically framed under the Co-operative Societies Act, which is a Central Act. This provides specific guidelines for a society to be registered with the municipal corporations, its governance structures, common area maintenance rights, dos & don'ts, accounting practices and various other covenants related to leasing/ purchasing a house within the society," reports Economic Times.

Moreover, the Act provides flexibility where housing societies can insert certain rules and regulation of their own choice. "For instance, if the housing society has made a rule for tenants, according to which they cannot park their vehicles in the parking slots allotted to members, then they have every right to enforce it," added Goenka.

Also Read: Leasing Your House: A Quick Guide

Follow SiliconIndia :