Question 1

Can I run a paying-guest (PG) arrangement in my flat, and what must I tell the society?

Accepted Answer

Giving rooms to paying guests is a form of leave and licence, so the same intimation applies: tell the society in writing with the agreement and the police intimation for every PG occupant. The society cannot demand permission, but it can enforce nuisance, safety and use rules, and a large commercial PG may amount to a change of user. BL 42 (2014) covers subletting, leave and licence, caretaker arrangements "or parting with its possession in any other manner", and the 2014 text on nominal members speaks of a flat "or part thereof" — so letting a room is covered. The draft 2026 bye-laws require written intimation with the stamped and registered agreement and the police intimation wherever the law requires it (dBL 40). Each paying guest should be covered by an agreement and a police intimation; keep the society's tenant record current as guests change. Limits the society can enforce: the flat must be used for its sanctioned purpose (BL 168(a); dBL 36(b)), must not cause nuisance or overload common services (dBL 36(c)), and the member answers for every occupant (dBL 35(h), 36(d), 180(a)). A PG run as a business with many beds, meals and signage may need municipal or other licences and can be reported to the local authority as a change of user (dBL 177(a)(vii)). The non-occupancy charge applies only within the 10 % cap (Rule 106C-12(4) item 8); whether it applies while the member himself still lives in the flat is not settled.

Question 2

I am letting my flat to a company for its employee to live in. Who is the licensee and what does the society need?

Accepted Answer

The company is the licensee under the agreement; the employee and family are the occupants. Give the society the usual intimation with the registered company-lease agreement, the name of the person who will actually live there, and the police intimation for that occupant. You remain answerable to the society. Company leases are ordinary leave-and-licence arrangements with a body corporate as licensee. The intimation under BL 42 (2014) or dBL 40 (draft 2026) should enclose the registered agreement and the police intimation; because the police want to know who actually resides, the occupant's particulars matter more than the company's. Keep the occupant's details in the tenant record and update them if the company changes the employee (dBL 35(g) requires members to report changes in occupation, tenant or licensee). Charges: the society bills the member, not the company (Rule 106C-12(4)); the company's promise to pay maintenance is a private arrangement (tenants_leave_licence-008). Non-occupancy charges apply within the 10 % cap. The employee may use the flat's parking slot even if the car is registered to the company (BL 79 already allows a vehicle allotted by an employer; dBL 79(e)). A company letterhead or a higher rent does not justify a higher charge from the society.

Question 3

Can the society stop members from letting flats on short-term or holiday rental platforms by the night or week?

Accepted Answer

The model bye-laws do not let a society forbid letting as such, but nightly stays for a stream of strangers raise problems the society can act on: every stay is a licence that must be in a written, registered agreement and intimated with the police intimation, the flat must be used as a residence, and nuisance and security rules apply. Whether frequent short stays are a commercial "change of user" depends on local planning and tourism rules. Under BL 42 (2014) and dBL 40 (draft) every letting on licence must be intimated to the society with the agreement and the police intimation. The Maharashtra Rent Control Act 1999 requires every leave-and-licence agreement to be in writing and registered, makes that the landlord's responsibility and punishes breach with up to three months' imprisonment or a fine up to ₹5,000 (s.55). Short-stay hosting rarely meets these requirements, and the member stays responsible for guests' conduct (dBL 35(h), 180(a)). If a guest is a foreigner, a flat run commercially is "accommodation" whose keeper must report the foreigner to the Registration Officer; the exemption is only for residential premises of a non-commercial nature (Immigration and Foreigners Act 2025, s.8). The flat must be used only for the purpose it was sanctioned for (BL 168; dBL 36(b)); running it as a guest house may be a change of user, which needs the planning authority's permission (dBL 74) and is a Category II violation under the draft (dBL 177(a)(vii)). A general body can adopt a uniform policy on gate registration of short-stay guests, their use of amenities and damage deposits. It cannot ban letting outright by resolution: the registered bye-laws allow letting on intimation, bye-laws change only by a registered amendment, and the draft makes any committee resolution or policy contrary to the bye-laws void (dBL 132(t)). Practical path: record complaints, issue notice to the member, report suspected commercial use to the municipal authority and unverified occupants to the police.

Question 4

Relatives or friends are staying with me for a few weeks. Must I tell the society or give police verification?

Accepted Answer

No. Guests who stay with you while you live in the flat are not licensees — you have not parted with possession. The bye-law intimation is not needed. The gate may record them as visitors under the society's security rules, and they must follow the society's rules like any resident. BL 42 (2014) and dBL 40 (draft 2026) are triggered by subletting, leave and licence, caretaker arrangements or parting with possession. Hospitality to family or friends while the member continues to occupy is none of these. The picture changes if you move out and leave them in the flat, or if they pay you for the stay: that is a licence or caretaker arrangement and needs intimation. Guests must follow the amenity and conduct rules (dBL 171(a), 172(b), 173(d)), and the member is responsible for them (dBL 180(a)). A gate that issues a longer-stay pass should collect only what is needed — name, flat, dates — and keep it no longer than the society's retention policy (visitor records are personal data; DPDP duties apply from 13 May 2027). Police-intimation orders issued by city Police Commissioners are aimed at tenants and paying occupants; check the current order for your city if a guest stays for months.

Question 5

How does tenant police verification work in Maharashtra, and whose duty is it — mine or the society's?

Accepted Answer

It is the landlord's (the member's) duty. In Mumbai, Thane, Pune and other police commissionerates, orders issued by the Police Commissioner require the owner to give the tenant's particulars to the local police station — usually online — before the tenant moves in. The society only asks for a copy of the acknowledgement. Tenant intimation in Maharashtra cities is required by prohibitory orders that Police Commissioners issue for fixed periods, now under s.163 of the Bharatiya Nagarik Suraksha Sanhita (earlier s.144 CrPC). The orders are addressed to owners, landlords and agents; disobeying them can be prosecuted as disobedience of a lawfully promulgated order (now s.223 of the Bharatiya Nyaya Sanhita, formerly s.188 IPC). Most city police websites offer an online tenant-information form that produces an acknowledgement. The bye-laws then require the member to give the society a copy with the intimation (BL 42(1); dBL 40(a)(ii) "wherever required under applicable law"). The society is not the police's agent: it should not collect tenants' identity documents beyond what it needs for its own records, and it should not demand a separate police clearance certificate. Keep the acknowledgement copy in the tenant file for five years (dBL 138(e)(i)).

Question 6

Can the society stop a new tenant at the gate until the member submits the agreement and police intimation?

Accepted Answer

Refusing a licensee entry to the flat he lawfully holds is risky and not supported by the bye-laws. The society's remedy is against the member: a written reminder, then notice and a penalty for breach of the intimation bye-law. The gate may treat the newcomer as a visitor confirmed by the member until papers arrive. The intimation duty is the member's (BL 42; dBL 40), and the member answers for his occupants (dBL 35(h), 36(d)). Nothing in the model bye-laws lets the committee exclude a person from a flat; the draft forbids the committee to impose restrictions not authorised by the Act, Rules or bye-laws on tenants and licensees (dBL 132(r)) and requires equal treatment of lawful occupants (132(s)). What the society can do: record the arrival; ask the member in writing for the documents; if they do not come, follow the breach procedure (BL 164 — notice, show cause, general-body penalty up to Rs 5,000 per financial year; dBL 175-176 in the draft). Letting without the required intimation can also disqualify the member from the committee (BL 116(f)). Where there is a genuine security concern, inform the local police station rather than blocking entry. Guards should follow a written gate instruction from the committee, not improvise.

Question 7

Must a leave-and-licence agreement be registered, and can the society insist on a registered copy?

Accepted Answer

Yes. In Maharashtra the Rent Control Act requires leave-and-licence agreements to be in writing and registered, and places the duty on the landlord. The draft 2026 bye-laws ask for a copy of the duly stamped and registered agreement, so the society may reasonably ask for it. Section 55 of the Maharashtra Rent Control Act 1999 requires any agreement for leave and licence entered into after the Act's commencement to be in writing and registered under the Registration Act; the landlord is responsible for getting it registered, and failure is an offence. Registration is commonly done online through the Department of Registration and Stamps' e-registration facility. BL 42(1) (2014) asks for "a copy of leave and license agreement"; dBL 40(a)(i) (draft 2026) asks for "a copy of the duly stamped and registered leave and licence agreement or other lawful document". The society need not examine rent or deposit figures; a member may mask them in the copy. An unregistered agreement does not make the licensee's occupation "unauthorised" in the society's eyes, but it weakens the member's own position in any later dispute with the licensee.

Question 8

What details and identity documents of a tenant can the society collect and keep?

Accepted Answer

Only what it needs: the licensee's and occupants' names, the period of the agreement, contact details, vehicle numbers for parking, and the copies the bye-laws ask for (agreement and police intimation). Avoid collecting Aadhaar copies and photographs of every occupant as a routine, restrict access, and keep the tenant file for the retention period only. The bye-laws name the documents: the agreement and the police intimation (BL 42(1); dBL 40(a)). The draft adds a Tenant Register (dBL 134(b)(iv)) and a five-year retention for leave-and-licence and occupant records (dBL 138(e)(i)); it also forbids the society to disclose Aadhaar, PAN, passport or bank details of any person to other members (note under dBL 39). Under the Digital Personal Data Protection Act 2023, whose main duties apply from 13 May 2027, the society is a data fiduciary: it must give a notice, collect for a stated purpose, keep data secure and erase it when the purpose is served. Practical rules for the office: one tenant file per flat; no copies on guards' phones or group chats; masked Aadhaar if an ID is needed at all; destroy records after the retention period and log the destruction.

Question 9

I still live in my flat but have let one room to a licensee. Is the non-occupancy charge payable?

Accepted Answer

Probably not, but it is unsettled. The charge was designed for members who do not occupy their flats; a member who lives in the flat and lets a room is still occupying it. Some societies levy it anyway. Check your registered bye-laws and any general-body resolution; if charged, it cannot exceed 10 % of service charges. The s.79A order of 1 Aug 2001 behind the charge caps it at 10 % of service charges and bars it for flats given to close relatives (as reproduced in Mont Blanc CHS, 2007, para 11); the High Court described the charge as an additional contribution from a member "not occupying the flat" (para 14). The 2026 Rules fix only the amount — "10% of service charges" (Rule 106C-12(4) item 8) — without defining when a flat counts as non-occupied. A member who lives in the flat is occupying it, which is why we think the charge is probably not payable, but no text or judgment says so. Partial letting still needs intimation with the agreement and police intimation (BL 42; dBL 40); the 2014 bye-laws also treat letting a flat "or part thereof" without permission as a committee disqualification (BL 116(f)). A society that wishes to levy the charge on partly-let flats should adopt a clear general-body policy, apply it uniformly, and never charge more than the cap. A member who disputes the levy may complain to the Deputy Registrar (non-occupancy charges are listed among Registrar matters in BL 173(a)(vi)).

Question 10

Can the society charge a "shifting fee" or take a deposit when a tenant moves in or out?

Accepted Answer

A refundable damage deposit for the day of shifting, applied equally to every resident who moves goods (owners too), and approved by the general body, is defensible. A non-refundable fee charged only to tenants has no clear footing in the Rules and can be challenged. Rule 106C-12(1) lists the heads a society may charge; clause (m) allows "any other charges approved by the general body", provided they do not contradict the Act and the Rules. The draft bye-laws let the society regulate "movement of heavy goods" (dBL 173(b)(vii)), recover actual damage from the person responsible (dBL 166(b), 180(b)) and forbid discriminatory treatment of tenants and licensees (dBL 132(s)). A fair model: advance notice of the shifting date and lift slot; lift padding; a refundable deposit returned after inspection; actual repair costs deducted with photographs. Money taken must be receipted and accounted in the books. A flat "move-in charge" that is really a tenant tax, or one scaled to the rent, is likely to fail before the Deputy Registrar, in the same way as charges above the non-occupancy cap.

Question 11

Can the committee make my tenant sign an undertaking to the society, or bill the tenant directly for maintenance?

Accepted Answer

The society may ask the tenant to acknowledge its rules, but the legal relationship remains with you: bills are raised on the member and arrears are recovered from the member. The society may accept payment from the tenant on your behalf, issuing the receipt in your name. Charges are apportioned to "each member or unit or flat holder" (Rule 106C-12(4)) and recovered from the member through the s.154B-29 / Rule 106C-14 procedure; a licensee is not a member and cannot be pursued under that procedure. The draft bye-laws make the member responsible for his occupants' compliance (dBL 35(h), 36(d), 180(a)). A simple acknowledgment signed by the licensee that he has received the house rules is sensible and harmless; an "undertaking" that creates new money obligations for the tenant or makes his stay conditional on the committee's approval goes beyond the bye-laws (dBL 132(r)). If the agreement says the tenant pays maintenance, the member should still watch the account: a member three months in arrears after written demand is disqualified from the committee.

Question 12

Can the society impose curfews, visitor bans or "no opposite-sex guests" rules only on tenants or bachelor occupants?

Accepted Answer

No. Conduct rules must apply equally to all residents. Rules that target tenants, bachelors or single women — late-entry curfews, bans on guests of the opposite sex, extra gate checks — are not authorised by the bye-laws and the draft 2026 bye-laws expressly forbid unequal treatment of lawful occupants. The committee may regulate common areas, timings and security for everyone (dBL 171-173; BL 166-167), and act on genuine nuisance by anyone (BL 47; dBL 175-176). But the draft bye-laws say the committee shall not impose any restriction, condition or requirement on members, tenants, licensees or occupants that is not authorised by the Act, Rules or bye-laws (dBL 132(r)), shall treat similarly placed occupants equally (132(s)), and that any circular or resolution inconsistent with them is void to that extent (132(t)). A resident's guests are a matter of private life; the gate may log visitors under a uniform policy, not vet them morally. If such a rule is enforced against you, complain in writing to the committee (BL 171-172), then to the Deputy Registrar or the Co-operative Court under s.91; harassment or intimidation can be reported to the police.

Question 13

Can the society refuse a foreign national as a tenant, and are there extra formalities?

Accepted Answer

The society has no power to refuse a licensee because of nationality. The extra formalities fall on the member and the foreigner, not the society: a written, registered agreement and the police intimation as for any licensee, the city police's tenant-information requirements, and reporting to the immigration Registration Officer where the Immigration and Foreigners Act 2025 requires it — mainly for commercial accommodation, or where the authorities have issued a direction for the area. The bye-laws require intimation with the agreement and police intimation (BL 42; dBL 40) and do not distinguish by nationality; the draft forbids the committee to add unauthorised conditions or treat lawful occupants unequally (dBL 132(r)-(s)). The Immigration and Foreigners Act 2025 replaced the Foreigners Act 1946 and related laws (s.36). Section 8(1) puts the duty to report foreigners on the "keeper of accommodation", but the proviso excludes residential premises of a non-commercial nature; under s.8(3), where the civil authority so directs for an area, every person occupying or controlling residential premises must report foreigners staying there. So an ordinary residential letting is reported to the immigration authorities only if such a direction applies (or the flat is run commercially); the police intimation of the licence is needed in every case, and city police orders usually ask for the foreign tenant's passport and visa details. The agreement must be written and registered (Maharashtra Rent Control Act 1999, s.55). The member should keep copies of the passport and visa; the society needs only the intimation and the acknowledgement. If the visa lapses, that is for the police and the Foreigners Regional Registration Office.

Question 14

My tenant has a complaint about water, lifts or security. Can he complain to the society or the Registrar himself?

Accepted Answer

The formal complaint procedure in the bye-laws belongs to members, so the tenant should ideally complain through you. A sensible committee still records and acts on a tenant's complaint about services and safety. A tenant cannot take the society to the Registrar or the Co-operative Court as a member would; urgent safety or criminal matters go straight to the municipal authority, fire brigade or police. BL 171-173 (2014) and dBL 184-186 (draft 2026) let "any Member" submit a written complaint, require a decision at the next committee meeting and communication within 15 days, and point to the Registrar, Co-operative Court, municipal authority or police depending on the subject. The draft also requires the member to be up to date with dues before a service complaint is entertained (dBL 184(c)). A tenant is not a member (tenants_leave_licence-101) and has no standing in a s.91 dispute about the society's management, but he is a consumer of services only through the member. Practical approach: the member forwards the tenant's complaint in writing, or authorises the tenant to raise it; the office logs it in the complaint register. Unsafe lifts, fire hazards and water contamination can be reported by anyone to the competent authority.

Question 15

My licensee refuses to vacate after the agreement ended. Can the society help me evict him?

Accepted Answer

No. Recovering possession from a licensee is between you and the licensee, through the Competent Authority or court that the Rent Control Act provides, with an advocate's help. The society can confirm facts (dates of intimation, gate records) and act against nuisance, but it cannot lock out or remove an occupant. The society is not a party to the leave-and-licence agreement; its bye-laws give it no power to evict occupants. The Maharashtra Rent Control Act 1999 provides a summary remedy for licensors to recover possession after the licence expires, including before a Competent Authority for certain classes of landlords; which forum applies depends on who the landlord is. An advocate should advise. Meanwhile the member remains liable for the flat's charges (Rule 106C-12(4)) and answerable for the occupant's conduct (dBL 35(h)). The committee should not cut water, block the lift or refuse the occupant entry — such self-help can expose office-bearers to civil and criminal liability. It may, on a written request, give the member copies of its own records about the occupant (subject to privacy rules).

Question 16

My tenant damaged the lift and a common wall while shifting. Who pays the society?

Accepted Answer

You do, as the member; you can then recover from the tenant under your agreement or deposit. The society recovers the actual cost of repair as dues from the member, after telling you what was damaged and how much it cost. The draft bye-laws say every member is responsible for the acts of his family, occupants, tenants, licensees, contractors and visitors (dBL 180(a)), and that loss or damage to society property may be recovered from the member or the person responsible (dBL 166(b)), as dues of the society (dBL 176(e)-(f), 180(b)). The 2014 bye-laws reach the same result through the member's duties and the general-body penalty route (BL 164). Good practice: photographs before and after shifting; a written damage report; a quotation or bill for repairs; a debit note to the member with the evidence; and a refundable shifting deposit that is adjusted against proven damage (tenants_leave_licence-310). A penalty on top of actual cost needs the notice-and-hearing procedure.

Question 17

My tenant wants to keep a dog. Can the society forbid a tenant from keeping a pet if I, the owner, agree?

Accepted Answer

The society cannot ban pets for anyone, tenant or owner; the draft 2026 bye-laws say a pet may be kept subject to law, safety and hygiene. Whether a tenant may keep a pet in your flat is between you and the tenant under your agreement. The society's pet rules on leashing, cleanliness and vaccination apply to the tenant as to everyone. Draft bye-law 167 lets a member keep pets and says no one shall be prohibited merely because other residents object (167(a)-(b)); the tenant occupies through the member (dBL 36(a)) and the member answers for compliance (dBL 36(d), 180(a)). The Animal Welfare Board of India's 2015 advisory to resident associations also discourages bans (see nuisance_pets_amenities-001). Rules that apply to tenants' pets only — extra deposits, a tenant-only pet fee — would breach equal treatment (dBL 132(s)) and, for fees, the AWBI advice against special charges (nuisance_pets_amenities-002). If the pet causes nuisance or injury, the society acts against the member (breach of pet rules is a Category I violation, dBL 175(a)(ix)).

Question 18

I work abroad and have left my flat with a caretaker who lives there without paying rent. What must I tell the society?

Accepted Answer

A caretaker arrangement is expressly covered by the intimation bye-law: tell the society in writing who the caretaker is, with a copy of the caretaker agreement or letter and the police intimation where the city's order requires it. Give the society a contact for bills and notices. A non-occupancy charge may be levied within the 10 % cap unless the caretaker is family. BL 42 (2014) names "care taker basis" alongside subletting and leave and licence; dBL 40 (draft) does the same. The member must keep the society informed of his correspondence address and contact details and of changes in occupation (dBL 35(g)). A member living abroad should also make sure notices reach him (email service is increasingly accepted) and consider appointing an associate member or authorising a person to deal with routine matters — a power-of-attorney holder still cannot attend or vote at general meetings (BL 103; dBL 99(b)). The 2001 order behind the non-occupancy charge exempts occupation by family; a caretaker who is not family is a non-occupancy case, so the charge (at most 10 % of service charges, Rule 106C-12(4) item 8) may apply.

Question 19

The committee refuses to accept my intimation of letting unless I pay an "NOC fee" or a donation. What can I do?

Accepted Answer

Send the intimation anyway by a traceable method (registered post, email to the society's address, or hand delivery against acknowledgement) and keep the proof — the bye-law needs intimation, not acceptance. Do not pay a fee that is not in the Rules. If the committee persists, complain to the Deputy Registrar. BL 42(2) (2014) states that no permission of the society is required; intimation 8 days before letting is enough. The draft 2026 bye-laws forbid collecting donations as a condition for "grant of any permission/NOC, approval or consent" (dBL 12(vi)(a)(iii)) and say donations must be voluntary and accounted (12(vi)(b)-(c)). Charges must fall under Rule 106C-12(1); an NOC fee is not one of the listed heads, and other general-body charges must not contradict the Act and Rules (clause (m)). A written complaint to the committee must be decided at the next meeting and answered within 15 days (BL 171-172); after that, the Registrar (BL 173(a)) or a s.91 dispute. Extortionate demands can be reported to the police. Keep a copy of everything you send; the proof of intimation protects you against a later claim of unauthorised letting.

Question 20

What should the society's Tenants Register record, and what happens when a tenant leaves?

Accepted Answer

For each let flat: member, licensee and occupants' names, agreement dates, date of intimation, whether the police intimation copy was received, vehicle numbers using the flat's slot, and the date the licensee left. The member should tell the society when the tenant vacates; the record is then closed and kept for the retention period, not deleted at once. The 2014 bye-laws keep a Register of Nominal Members for licensees admitted as nominal members; the draft 2026 bye-laws replace it with a Tenants Register maintained by the Secretary (dBL 134(b)(iv), 136) and keep leave-and-licence and occupant records for five years (dBL 138(e)(i)). The member's duty to report changes in occupation, tenant or licensee (dBL 35(g)) covers departures as well as arrivals. When the tenant leaves: close the entry with the date; cancel gate passes and access cards; update the Parking Register if the tenant's vehicle used the slot (dBL 78(iii)); stop the non-occupancy charge from the next bill if the member or his family moves back. After five years, destroy the file and note the destruction.

Question 21

My tenant is renewing for another 11 months. Do I have to intimate the society and the police again?

Accepted Answer

Yes, treat a renewal as a fresh letting: a new registered agreement, a fresh police intimation if the city's order requires it, and a short written intimation to the society with copies. If a different licensee moves in, the full intimation 8 days in advance applies. Each leave-and-licence agreement is for a fixed term and must be registered (Rent Control Act s.55); a renewal is a new agreement. BL 42 (2014) and dBL 40 (draft) tie the intimation to the agreement and the police intimation, and dBL 35(g) requires members to report changes in occupation and licensee. Police tenant orders generally require information for every new tenancy; many cities' online forms treat a renewal as a new entry — check the current order. The society should update the Tenants Register with the new dates. No new fee is due to the society for a renewal; the non-occupancy charge simply continues within the cap.

Question 22

I let my flat without telling the society. What can happen to me?

Accepted Answer

The letting itself stays valid between you and your licensee, but you are in breach of the bye-laws. The society can issue notice and, after a hearing, a penalty; you may be disqualified from the committee; and you remain liable for the non-occupancy charge from the date of letting and for anything your licensee does. BL 42 (2014) and dBL 40 (draft) require intimation. Consequences of skipping it: (1) breach procedure — the Secretary points out the breach, the committee issues a show cause, and the general body may levy a penalty within the Rs 5,000-per-year cap (BL 164); the draft uses a warning-notice-penalty ladder (dBL 175-176); (2) committee disqualification (BL 116(f); dBL 112(f) — both still word it as letting "without previous permission in writing", a leftover that sits uneasily with the intimation-only rule); (3) the non-occupancy charge, at most 10 % of service charges, can be billed from the date the flat was actually let; (4) you answer for the licensee's conduct (dBL 35(h), 180(a)); (5) the police may prosecute under the city's tenant-intimation order if that was also skipped. Regularise by sending the intimation with the documents now.

Question 23

Can the society limit how many people live in a let flat, for example eight workers sharing a 1BHK?

Accepted Answer

The model bye-laws set no occupancy number, so a fixed head-count rule is doubtful. But overcrowding that causes nuisance, overloads water, lifts or drainage, or turns the flat into a dormitory can be tackled as nuisance, misuse and possibly change of user, and fire or health hazards can be reported to the authorities. Neither the 2014 bye-laws nor the draft 2026 bye-laws cap the number of occupants. The tools are indirect: the flat must not be used in a manner likely to cause nuisance, hazard or danger (dBL 36(c)); common areas must be used lawfully and without obstruction (dBL 35(e), 171(d)); the member answers for occupants (dBL 36(d)); a dormitory or labour camp may be a change of user (BL 168(a); dBL 74, 177(a)(vii)); and water charges under the 2026 Rules are apportioned by inlets, not heads (Rule 106C-12(4) item 3), so extra consumption cannot be billed per head. A general-body policy can require that the intimation list every occupant. Real overcrowding with fire or sanitation risks should be reported to the municipal authority and the fire brigade; the society should document complaints before acting.

Question 24

What changes for letting flats between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The core is unchanged: no permission, only intimation, and a non-occupancy charge capped at 10 % of service charges. The 2026 Rules now write the 10 % cap into the law itself. The draft bye-laws add a registered agreement, police intimation "where required", a Tenants Register kept five years, explicit member responsibility for occupants, and a bar on committee conditions not found in the law. 2014 bye-laws (mh-2014-flat-owner): intimation 8 days before letting with the agreement and police intimation copy; no permission (BL 42); licensees could be admitted as nominal members without rights (BL 20, 26); Register of Nominal Members; letting without intimation disqualifies from the committee (BL 116(f)). 2026 Rules (mh-2026-rules, in force 22 Jun 2026): non-occupancy charges "10% of service charges", service charges defined, other charges only if consistent with the Act and Rules (Rule 106C-12(1), (2), (4)). Draft 2026 bye-laws (mh-2026-draft, not in force): intimation with a stamped and registered agreement and police intimation where required (dBL 40); member ensures occupants comply (dBL 35(h), 36(d)); Tenants Register (dBL 136) and 5-year retention (dBL 138(e)(i)); no donation as a condition of NOC (dBL 12(vi)); committee may not impose unauthorised or discriminatory conditions on tenants (dBL 132(r)-(t)); the 8-day advance period is not repeated in the text we read.

Question 25

Can my tenant attend the AGM, vote on my behalf, or stand for the committee?

Accepted Answer

No. A tenant or licensee is not a member. He cannot vote or stand for the committee, and he cannot attend a general meeting as your proxy or power-of-attorney holder, because proxies are not allowed. You, a joint member or your associate member must attend and vote. The tenant can raise day-to-day issues through you or directly with the committee on matters affecting occupation. Section 27(1) requires every vote to be exercised personally and not by proxy. BL 103 (2014) and dBL 99(b) (draft 2026) say no proxy, power-of-attorney holder or letter-of-authority holder may attend a general meeting on a member's behalf. Under the 2014 bye-laws a licensee may be admitted as a nominal member, but a nominal member has none of a member's rights (BL 26; see tenants_leave_licence-007). Committee seats go to members only. A member who lets out his flat without the required intimation or permission is himself disqualified from the committee under the 2014 text (BL 116(f); dBL 112(f)). Your associate member (for example your spouse or child) can vote in your absence (BL 105; s.27). The joint holder named next on the share certificate votes if you are absent (s.27(2)). Tenants still owe duties. You remain answerable for their compliance with the bye-laws (dBL 35(h), 36(d)). The society may hear a tenant's complaint about services or safety, but the formal complaint procedure belongs to members (dBL 184).

Question 26

What must a member give the society before a tenant or licensee moves in?

Accepted Answer

Written intimation with a copy of the stamped and registered leave-and-licence agreement and, where the law requires it, the police intimation or verification. The society's NOC is not legally required for letting a flat. dBL 40(a) requires written intimation with the registered agreement and a copy of the police intimation or verification "wherever required under applicable law". Cities such as Mumbai, Thane and Pune require landlords to inform the police of tenants under orders issued by the Police Commissioner, now under BNSS s.163 and previously CrPC s.144. The 2014 bye-laws require advance intimation (BL 42(1)). The society charges non-occupancy charges within the 10 % cap. It keeps a tenants' register, retained 5 years (dBL 138(e)(i)). The gate can issue tenant passes once intimation is on file. Refusing entry to a lawful licensee because no society NOC was given is not supported by the bye-laws.

Question 27

Do I need the society's permission or NOC to give my flat on leave and licence?

Accepted Answer

No permission or NOC is needed. You must intimate the society in writing at least 8 days before the licensee moves in, with a copy of the leave-and-licence agreement and of the police intimation (tenant verification). Bye-law 42 (2014) says a member shall intimate the society of subletting, leave and licence, caretaker arrangements or parting with possession, submitting a copy of the agreement and of the intimation to the police station; BL 42(2) adds that "No permission of the Society is required", only intimation 8 days before. The draft 2026 bye-laws keep this: intimation in writing with a copy of the duly stamped and registered leave-and-licence agreement and the police intimation or verification where required (dBL 40). The society records the licensee in its tenant records (the draft adds a Tenants Register, kept 5 years). Charges: the society may levy only the non-occupancy charge (tenants_leave_licence-002). A separate "NOC fee" or "tenant registration fee" is not among the charges the Rules allow (Rule 106C-12(1) lists the heads; (m) permits other general-body-approved charges only if they do not contradict the Act and Rules) — treat such fees as doubtful and challengeable before the Deputy Registrar. Older bye-laws (before 2014) required the society's prior permission; if your society has not adopted the 2014 model, check its registered text.

Question 28

How much non-occupancy charge can the society levy when I let out my flat?

Accepted Answer

At most 10 % of the service charges of your flat — calculated on service charges only, not on property tax, sinking fund, repair fund or other heads. The society cannot link it to the rent you receive. The Government's order of 1 Aug 2001 under s.79A capped non-occupancy charges at 10 % of the service charges, excluding municipal taxes. The Bombay High Court upheld the order in Mont Blanc CHS v State of Maharashtra (2007): it was a bona fide exercise of power in the public interest, and societies cannot use their bye-law powers as a "vehicle for making money" and exploit minority members (para 14). The 2026 Rules now write the cap into the apportionment table: "Non-occupancy charges — 10% of service charges" (Rule 106C-12(4), item 8). "Service charges" are defined in 106C-12(2) (staff salaries, office costs, printing, travel, sitting fees, federation fees, audit fees, meeting costs, legal and retainer fees, common electricity). The 2014 bye-laws likewise list non-occupancy charges as a separate head at the rate fixed under the bye-laws. Example (synthetic): service charges of ₹2,000 a month → non-occupancy charge up to ₹200 a month. Amounts collected above the cap can be recovered through the Deputy Registrar or a s.91 dispute; the Registrar can also act against the committee for breaching a s.79A direction.

Question 29

My married daughter (or my son-in-law, or brother) is living in my flat. Can the society charge non-occupancy charges?

Accepted Answer

Not if the occupant is a member of your "family". The 2001 order exempts family occupation. The High Court in 2007 read "family" narrowly (it included a married daughter and grandchildren but not a son-in-law or brother-in-law), but the 2014 model bye-laws now define family widely enough to include in-laws — check which definition your society's registered bye-laws use. Clause 3 of the s.79A order of 1 Aug 2001 exempted flats occupied by the member's family, and also listed certain near relations. In Mont Blanc CHS (2007) the Bombay High Court held that the exemption could not extend to relations such as a son-in-law or brother-in-law (sister's husband), because they were not "family" under the bye-laws then in force; it applied to family members including a married daughter and grandchildren (para 17). The 2014 model bye-laws, adopted later, define "Family" as husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law and grandson/daughter (BL 3(xxv)). For a society that has adopted the 2014 bye-laws, occupation by any of these relatives is family occupation and should not attract the charge. The 2026 Rules fix the 10 % cap but do not define the exemption; watch the final 2026 bye-laws. A member living elsewhere while a relative outside this list stays rent-free is a grey area; decide it by general-body policy applied uniformly, and record it.

Question 30

My flat is locked and empty — nobody lives there and it is not let out. Can the society levy non-occupancy charges?

Accepted Answer

Possibly yes, but never above 10 % of service charges. The 1 Aug 2001 Government order exempts only flats given to close relatives, not locked flats, and the Bombay High Court (Mont Blanc CHS, 2007) read the bye-laws as asking a non-occupying member to pay the extra charge "whether the non occupation is by way of keeping the flat locked or it being given on leave and licence". Whether your society levies it on a vacant flat depends on its registered bye-laws and general-body resolution. Rule 106C-12(4) item 8 fixes only the amount (10 % of service charges); neither the Rules, the 2014 bye-laws nor the draft 2026 bye-laws define when a flat is "non-occupied". The s.79A order of 1 Aug 2001, as reproduced by the Bombay High Court in Mont Blanc CHS (para 11), says the charge may not exceed 10 % of service charges (excluding municipal taxes) and may not be assessed on members who have given their flat to a mother, father, sister, brother, son, daughter, son-in-law, daughter-in-law, grandson, granddaughter or other close relative. It gives no exemption for a flat that is simply locked. In para 14 the Court observed that the bye-laws envisaged an additional contribution from a member not occupying the flat "whether the non occupation is by way of keeping the flat locked or it being given on leave and licence/lease basis". So a society whose bye-laws or general-body resolution levy the charge on locked flats has support, provided it stays within 10 %; a society may equally decide not to charge vacant flats, if it applies that to everyone. All regular charges remain payable whether or not the flat is occupied. A member who thinks the levy is wrong or excessive may complain to the Deputy Registrar (non-occupancy charges are a Registrar matter under BL 173(a)(vi)).

Question 31

Can the society refuse to allow a tenant because he is a bachelor, of a particular religion, or eats non-vegetarian food?

Accepted Answer

Under the 2014 model bye-laws no permission is needed to let a flat, so the committee has no power to approve or reject a licensee on such grounds. It may insist on the intimation, the agreement, police verification and on everyone following the bye-laws; it cannot add conditions of its own. BL 42 requires intimation only, and BL 38(b) and s.23(1) show the general rule that a society acts within the Act, Rules and bye-laws, not beyond them. A general-body resolution that contradicts the registered bye-laws is not binding. What the society can do lawfully: require the documents in BL 42 / dBL 40; enforce conduct rules (nuisance, use of common areas, pets policy) against the member, who is answerable for his licensee (dBL 35(h)); and take action through s.91 or expulsion proceedings for serious breaches (tenants_leave_licence-007). If a committee blocks a licensee, the member may complain to the Deputy Registrar or file a dispute before the Co-operative Court under s.91; blanket bans on classes of people may also raise constitutional and anti-discrimination questions for an advocate.

Question 32

Can my tenant use the gym, pool, clubhouse and my parking slot? Can the society charge tenants more?

Accepted Answer

A licensee lives in the flat with your consent and ordinarily uses the common amenities attached to it, subject to the society's rules. Parking follows the flat's allotment under the parking policy. Extra charges on tenants beyond the non-occupancy charge have no clear basis in the Rules. Amenities: the draft 2026 bye-laws say tenants, occupants and family members use the common areas and amenities subject to the society's timings, safety norms and guidelines (dBL 171(a), (c)); the member remains answerable for his licensee (dBL 35(h)). Amenity rules made by the general body (timings, guest limits, fees for a pool or gym) can apply to all occupants; a separate, higher fee only for tenants is not among the heads in Rule 106C-12(1) except as an "other charge" approved by the general body, which must not contradict the Act and Rules, and the draft forbids unequal treatment of lawful occupants (dBL 132(s)). Parking: under the draft parking chapter the slot is allotted to the flat, not the vehicle, and the vehicle parked in it may belong to a tenant or licensee (dBL 79(b), (e)). Nominal membership: the 2014 bye-laws let a licensee or caretaker be admitted as a nominal member through the member (BL 20), with no rights "such as Member" (BL 26) and a right to occupy with the member's consent (BL 24(b)). But section 24 of the Act (nominal members) does not apply to housing societies (s.154B(2)), the Act's definition of "Member" for housing societies covers only associate, joint and provisional members (s.154B-1(18)), and the draft bye-laws list only those classes (dBL 21). Amended Rule 8(1)(f) still mentions nominal members among matters bye-laws deal with. Treat nominal membership as surviving only where the society's registered bye-laws still provide for it.

Question 33

A licensee is causing nuisance or using the flat illegally. Against whom can the society act?

Accepted Answer

Primarily against the member: he is answerable to the society for whoever he lets in. The society can raise a dispute before the Co-operative Court under s.91, and habitual illegal or immoral use of a flat is a ground for expelling the member. Criminal conduct goes to the police. The member's obligations under the bye-laws cover his occupants (dBL 35(h) requires the member to ensure that family members, tenants and licensees comply). Bye-law 48(c) (2014) lists habitual use of a flat for immoral or illegal purposes, and 48(d) habitual serious breaches of the bye-laws, as grounds for expulsion under s.35 (see membership-005 for the procedure). A claim by the society to evict an occupant inducted in breach of the bye-laws is a dispute under s.91: the Bombay High Court so held in Narendra Kumar Kochar (1998), adding that an occupant let in in breach of the bye-laws could not claim protection as a lawful sub-tenant under the Bombay Rent Act (para 20). That case arose under older bye-laws that required the society's prior permission; today, a licensee let in with due intimation is not "in breach", so the society's route is against the member's conduct rather than against the letting itself.

Question 34

My licensee has agreed to pay the maintenance. If he does not, can the society come after me?

Accepted Answer

Yes. The member is liable to the society for all charges on the flat, whatever the leave-and-licence agreement says between you and the licensee. The society bills the member and can recover arrears from the member through the Registrar. The society's contract is with its member; the leave-and-licence agreement is private between member and licensee. Charges are apportioned to "each member or unit or flat holder" (Rule 106C-12(4)), and arrears are recovered from the member under s.154B-29 and Rule 106C-14 (demand notice, Form Y-6 application, Recovery Certificate in Form Y-7). A member three months in default after written demand is disqualified from the committee. If the licensee pays directly, the receipt should still be issued in the member's name.

Tenants & leave-licenceभाडेकरू व रजा-परवाना