READ UNDERLINED WITH RED COLOUR ?????? IS THIS TRUE !!!!

SOCIETY “NOT” THE OWNER OF FLAT

a) The Society does not own the members Flat (ownership property). The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society. It is the sole discretion of the Flat-Owner (member) to rent his property out on rent /lease, under the appropriate terms and conditions prescribed by the Law. ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commercial or illegal activities and so on).

b) A Society has no legal jurisdiction to refuse residing rights to a Tenant, under any circumstances, especially in a flat owned by its member. This is a legal fact, decided in various orders by the High Court and the Supreme Court.

c) A Society cannot refuse a member from keeping a Tenant, even if the member is a defaulter or whatever. The maximum a Society can do is to inform the local Police Station, about any illegal activities being carried out in the members flat, by the Tenant or the Member. Nothing more. Even if the Flat-Owner (Member) has not taken permission from the Society for keeping a Tenant, in his own Flat, it will not amount to any illegality, nor can the Tenant be classified as a "Trespasser".

d) Some nefarious MC's have assumed the role of "investigating" the Tenants, by conducting interviews of the Tenants. Such interviews or assessment of the Tenants are illegal.

JURISDICTION OF A SOCIETY

A Society is concerned only with compliance of the Bye-Law norms, which means:

a) Prior permission of the Society vide Bye-Law form-Appendix no. 27.

b) Form-Appendix no. 11, along with cheque of Rs. 100/- as Nominal Membership entrance fees

c) Certified Photocopy of the Leave & License (L&L, Rent) Agreement, duly Stamped and Registered.

d) Police verification Report of the Tenant

Note: Even if the above Form no. 27 and Form 11, are not submitted to the Society, it does not "illegalize" the Tenant, nor does the Tenant become a "trespasser", as is hallucinating thought off by various ignorant MC's.

Subsequent to the above and /or irrespective of compliance of Form no. 27 and Form 11, the Society is liable and responsible to levy a FIXED "10% Non-Occupancy Charges", on the regular Society Service /Maintenance charges, in the society bill of its own registered member, but to the exclusion of Statutory charges (e.g. MUNICIPAL CORPORATION Property Tax, NA Tax, MUNICIPAL CORPORATION Water Charges).