Apartment Society Notice banning "PG for Students"
9 months ago
Recently our apartment Society has published a notice stating PG for Students is not allowed. There is no definition of PG provided, but based on mails received, it seems they are considering any apartment that houses students, irrespective of rental type (even if the agreement is "Leave and License"). Is this legally valid? Can I challenge this in a court of law, or approach the Registers of Society?
Below is the Text from the Notice:
PG for Students
Dear Members,
Management Committee had sought the opinion of members of the Association on
the issue of PG accommodation to students. Based on the opinion of a majority of
members, it has been decided that apartments shall not be permitted to be used as
PG accommodation for students.
Existing arrangements need to be terminated as per the notice period in each
individual case, not exceeding 60 days. No fresh agreements of this nature can be
entered into by members.
We request all members to the abide by rules of the society and cooperate in this
regard.
P G accommodation in a housing/residential complex run by a registered society is not permitted and allowed because such arrangements that generate income is classified as commercial activities. So, as per the Byelaws of any Society of a residential housing complex can not allow such kind arrangements considering the common interest and security/privacy of all resident members. Accordingly, a notice is issued to all the resident members prohibiting such arrangement practices in compliance of a resolution passed by a majority of vote of resident members cast their vote in support of the resolution and unanimously decided in the meeting of the Society is legally enforceable and applicable on all the resident members of the Society. Therefore, the said notice or resolution of the society cannot be challenged before any authority or Court.
Regarding the notice from your apartment society stating that PG accommodation for students is not allowed, the validity of such a decision depends on various factors, including the governing laws, rules, and regulations applicable to your apartment society. Here are a few points to consider:
Society bylaws and regulations: Review the society's bylaws and regulations to understand if there are any provisions regarding the use of apartments as PG accommodation. These bylaws typically outline the rights and responsibilities of society members and can provide insights into the society's decision-making process.
Local laws and regulations: Research local laws and regulations related to rental accommodations and PG accommodations in your area. Different regions may have specific rules governing the use of apartments as PG accommodations, including zoning regulations or licensing requirements. Understanding the legal framework can help determine the validity of the society's decision.
Seek legal advice: If you believe that the society's decision is unjust or if it violates your rights as a property owner, it may be advisable to consult with a lawyer who specializes in real estate or housing law. They can review your specific circumstances, including the society's bylaws and local laws, and provide guidance on whether the decision can be challenged.
Approach the Registrar of Societies: If you believe that the society's decision is unlawful or violates the applicable rules and regulations, you can consider filing a complaint with the Registrar of Societies or the governing authority responsible for overseeing cooperative housing societies in your region. They can assess the situation and provide guidance on how to proceed.
Excess land not in record, can it be sold??
Leave & Liscence agreement
Landlord/Tenant
Landlord/tenant
No return of advance paid. Absence of agreemnt
