I wish to rent my house. The managing committee of the society is threatening that it will not allow anyone to oсcupy my flat unless the dues are cleared. I have disputed the said dues and filed a complaint with the deputy registrar.
Deepak Narang, Nahur
In the first place, the MC members cannot threaten any member. The society cannot prevent you from renting out your flat despite the disputed dues. Section 154B-7 imposes restrictions on transfer of shares or interest of a member or the occupancy rights if the dues of the housing society are unpaid. However, such occupancy right will not include the right of a tenant or the licensee on leave and licence basis.
Thus the permission of the society is not required to give your house on rent. You just have to intimate your society eight days before giving your flat on leave and licence basis and comply with the formalities mentioned in the Bye Laws. You may file a com- plaint with the police for ha- rassment and threatening by the MC. Deputy registrar will take your complaint to its logical end.
Our building was completed and handed over after receipt of OC in 2021. The project was registered with MahaRERA. I purchased a flat from the first owner, and not from the builder, in 2023. There are certain defects in the flat, which need to be rectified. Can I file a com- plaint against the builder under RERA even though I am not the original allottee?
Harihara Iyer, Matunga
The term 'allottee' has been defined under the Real Estate (Regulation and Development) Act, 2016 (RERA). In relation to a real estate project, allottee means a person to whom an apartment has been allotted, sold or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise. However, the person to whom the apartment is given on rent is excluded from the definitions purview
Being a subsequent purchaser of the flat, you are very much covered under the definition of allottee. In order to get the defect rectified, you may write to the builder keeping your society in the loop. In case the builder does not rectify, you may complain to MahaRERA. The defect liability period provided under RERA and MahaRERA rules are for five years from the date of receipt of OC.
Can a member be removed from the society? If yes, by whom and under what circumstances?
Suresh Kumar Singh, Nahur
The MCS Act provides for the person who can be a member of the housing society and also mentions their rights and obligations, cessation of membership. Every member has to comply with the provisions of the Act, rules framed thereunder and bye laws of the society. Any member who has been persistently defaulting payments of his dues or has brought any disrepute to the society or has done any acts detrimentalto the interest and proper working of the society, may be expelled. A resolution has to be passed for this purpose by the general body after giving a show cause notice to the member concerned.
When any question arises as to whether any undue membership has been granted to a person or a member has been admitted in violation of the provisions of the Act, rules and bye Laws, the registrar has the power to decide upon such a question. The registrar may suo moto or upon receiving an application from the society shall after giving an opportunity to be heard decide within three months from the date of application. If he is satisfied that the person has been admitted as a member in violation of any of the aforesaid Act, etc, he may pass an order to remove such a member. The shares of such a person are forfeited, he ceases to be a member and his name is removed from the register of members. Please refer to MCS Rules 28-29 and Bye Laws 48 to 54 for more details. (Sec 35, 154B-9 of MCS Act).
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
