HOUSING SOCIETY “NOC” NOT REQUIRED FOR LEAVE&LICENSE by Adv Pradeep Nambiar
Housing Society solutions- Adv Pradeep Nambiar- 9987393117
Q] Can a member of housing society be expelled…?
A] Yes a member of Housing society can be expelled 1] fails to continuously pay Charges of Society 2] Deceived the society by giving false information 3] Has used his flat for immoral purposes or misused it for illegal works habitually 4] Habitual breach of bye-laws serious in nature 5] Has furnished wrong information to registering authority at the time of registration of the society 6] Non-active member, not attended even one meeting of the General Body in next 5 years from date of classification as “non-active”…
If expelled he will be dispossessed of his property. Once expelled cannot be taken back until expiry of 1 year from the date from which he is expelled, Unless General body passes a resolution and permission is taken from Registrar.
Q] Different types of Members ??
A] 1] Member- person joined during registration or subsequently after Registration of Society, who hold rights, title and interest in the property individually or jointly. Whose name appears first.
2] Associate member- Member who holds rights, title and interest in the property individually or jointly. Whose name does not appear first in the share certificate.
3] Nominal Member- a person does not hold right, title and interest in the property individually or jointly. Ex- sub lettee, licensee, care-taker etc…. No right in the property
Q] Does the Member require permission of the society to sub-let, lease flat…?
A] No permission of the Society is required to Sub-let, leave and license. Society should be intimated of the same. A copy of leave and license agreement and details should be submitted to the nearest Police Station.
No permission required from Society. This is as per the 97th Constitutional Amendment of Bye Law 43 of Co-operative Housing Society Act.
Society should be intimated 8 days in advance before sub-letting. Member will have to pay non-occupancy charges…that’s it!
So the harassment that flat owners face from Managing Committee members for an NOC to sub-let or rent out their premises should not occur at all!
And if it does there are provisions under the same CHS ACT that call for criminal proceedings against said Managing Committee members and at times against Housing Society as a whole!
