Are Housing Societies Allowed To Refuse Tenants?

2) Does housing society have a say when flat owners lease out property?

In case of apartments, owners have legal right to put their property on lease yet, the housing society plays a role where the property is located has involvement in it. "Individual societies are legally empowered to deny tenancy based on their by-laws. However, they have no constitutional right to do so," According to Om Ahuja, CEO, residential services, Jones Lang LaSalle India.

However, under The Societies Act, housing societies are legally allowed to charge extra maintenance from flat owners who put their property on lease.

3) Can the guidelines set by housing societies be challenged?

Bye-laws can be challenged in the court of law if there is any kind of violation in the fundamental rights of an individual, according to Vinod Sampat, President, Cooperative Societies Residential Users Association and a real estate lawyer.

"The housing society regulations don't have the same stature as that of a law. Every Indian citizen has the right to reside anywhere in the country and discrimination is not allowed on the basis of religion, caste, sex, eating habits or marital status," added Sampat.

Therefore, tenants have all the right to file a police complaint against a housing society if the society tries to do any unfair business with the tenant. Even the society member can also take legal help by approaching the cooperative or the civil court concerning his objections.

Also Read: Leasing Your House: A Quick Guide