List of rights of residents in an apartment

society
Rights of the residents in an apartment society:

Every apartment owner is obliged to be a member of the apartment association which is

formed for the welfare of the people.

If it is a joint ownership, the first person named in the title document will be the member.

Every apartment owner will be bound by the bye-laws.

Residents of apartment are either apartment owners or tenants.

All apartment owners are termed as members of society or association and all tenants
who are staying in the apartment on a rented basis are termed as associate members.

A resident has the right to attend the general assembly meeting and discuss the subjects.

A resident has the right to get a copy of the co-operative society act and the bye-law.

A resident has the right to get the list of members and managing committee.

A resident has the right to get reports such as balance sheet, profit and loss A/c, details of
income and expenditure of the society.

A resident should not be discriminated between the members.

A resident should not be imposed with unlawful restrictions.

A resident has the right to get attended or addressed about his complaints and grievances.

A resident has the right to take decision on the rate of contribution regarding the
maintenance fee, maintenance and repair fund and sinking fund etc.

A resident has the right to take decision about the penalty to be charged on members,
violating by-laws of the society and to determine its amount.

A resident has the right to participate in all activities of the society.

A resident has the right to attend and vote at general body meeting.

A resident has the right to contest election.

A resident has the right to seek information from the society.

A resident has the right to get the minutes of meeting.

A resident has the right to inspect documents, books and records with prior notice to the
management committee.

A resident has the right to the occupation of flats.

A resident has the right to complain at the registrar in case of an improper functioning of
a society.

A resident has the right to acquire the share certificate.

A resident has the right to know about the affairs of the society.

A resident has the right to transfer/inherit the property.

A resident has the right to undivided interest of the common areas.

A resident has the right to use the common area as needed.

Duties of the residents:

A resident has to follow the regulations created in the general body meeting or managing
committee meeting.

A resident has to provide the necessary information and documents to the registrar or to
the society.

A resident has to follow the rules of the association and obey the bye-law.

A resident should ensure that they maintain cleanliness in the common areas.

A resident should respect their neighbours and their privacy.

A resident should maintain good relationship with their society members.

Rights and duties of a tenant in an apartment society:

Rights of the tenants:

The tenants have the right to get the leasehold/tenancy agreement.

The tenant should be aware about the rules of having pets in an apartment.

The tenants have the right to get proper receipt for the deposit, rent and maintenance
paid.

The tenants have the right to get a copy of bye-law and rules of association.

The tenants are the associate members of the apartment association.

The tenants have no right to vote or in an association decision making.

The tenant should respect their neighbours privacy and follow the apartment bye-laws.

The tenant has the right to use common areas and notify the landlord about any issues.

The tenant should follow the guidelines for inviting guests and use the common areas.

The tenant will not be discriminated between the members of the association and
themselves.

The tenants will not have any unlawful restrictions on them.

The tenants have the right to invite the guests and use the common area or amenities.

The tenants have the right to get parking badge or sticker on the vehicle.

The tenants have the right to hire a domestic help.

The tenants have the right to get apartment staff help like plumber, electrician, carpenter,
pest control, etc.

The tenants have the right to attend the association meeting on behalf of the landlord, if
authorised by the owner of the flat in writing and agreed by the managing committee.

Duties of a tenant:

The tenants are the members of the association and are bound by the bye-laws.

A tenant should follow the rules and regulations created by the association.

A tenant should regularly pay the maintenance charges in order to use the common are
facilities.

A tenant should ensure that they pay rent and maintenance fees on time.

A tenant should interact with the managing committee or the apartment owner concerning
the monthly charges.

A tenant has to maintain the common areas clean.

Tenants are responsible for the actions of their guests.

A tenant should have apartment dumpster etiquette.

A tenant should avoid having big parties or loud get-togethers

Steps tenants should take to avoid being charged arbitrarily by housing society
http://articles.economictimes.indiatimes.com/2013-0114/news/36331761_1_societies-residential-users-association-tenantlicence-agreement
Sakina Babwani, ET Bureau Jan 14, 2013, 08.00AM IST

(Are you being charged arbitrarily)

When Karan Singh leased an apartment in a plush housing society in Mumbai a year-and-a-half
ago, little did he realise that he would have to face problems. When he moved in, he was asked to
pay a monthly fee of Rs 1,000 and Rs 1,500 for two parking spaces for his cars. After three
months, the rates were hiked to Rs 1,500 and Rs 2,000.

"Recently, the society increased the fee to Rs 3,000 and Rs 10,000," says an exasperated Singh.
He approached the flat owner, who took up the matter with the society secretary. "The secretary
has not given us a satisfactory answer on the hike in charges every three months. We may have to
take legal action if he refuses to budge from his stand," says the 40-year-old bank executive.
Singh's problem is not unique. In fact, he is lucky to have a landlord who favours him. In many
cases, owners refuse to get involved in disputes between tenants and housing societies. "Tenants
are bullied by both the owner and the housing society because they are neither legal owners nor
members of the society. However, there is a legal recourse against such harassment that is open
to tenants," says Vinod Sampat, real estate lawyer and president, Cooperative Societies
Residential Users Association.
Negotiating with the owner
Your rights as a tenant depend largely on the nature of your lease agreement. There are two types
of agreements: rental and leave & licence. Under the former, there is a transfer of interest,
wherein the tenant cannot be made to vacate the premises, except on the grounds for eviction that
are stipulated by the Rent Act or the State Rent Control Act, under which the agreement falls.
On the other hand, a leave & licence agreement stipulates that a tenant can be asked to vacate
without any reason after a month's notice or as has been agreed to by the two parties.
Also, rental agreements come under the State Rent Control Act, so the owner cannot fix his own
rent. However, in the case of a leave & licence agreement, the owner can decide the rent he
wants to charge. The latter gives more control to the owner over the property, which is why it is
more common than the former.
As a tenant, you need to ascertain your rights before you sign the agreement. Negotiate with the
owner on the things that are important to you. Will you get a fully furnished house or can you
install your own fixtures?

How often and at what time will the owner come to inspect the property? If you inform the
owner of a pending repair work, how much time will he take to respond? "Such details should be
decided before the agreement is signed. Though no owner will allow a tenant to alter the basic
structure of the house, you can ask for changes that you deem necessary," says Shveta Jain,
director, residential services, Cushman & Wakefield.
After the contract has been designed to your and the owner's satisfaction, you should get it
registered, so that neither party can harass the other in the future.
So, if it has been decided that seepage or cracked walls should be repaired within 30 days, and
the owner fails to address the issue, you have the right to get the work done and deduct the
expenses from the rent.
In case the owner raises an objection, you can approach the police or a civil court on the basis of
the registered agreement. However, expenses on renovation or maintenance caused by your own
negligence, such as a broken window pane or damaged doors, will not be considered for
deduction from the rent.

Handling the housing society

Housing societies tend to impose their own rules, which are not legally binding. For instance,
some societies restrict the owners from leasing their apartments to single people, non-vegetarians
or those with pets. However, according to a 1990 Supreme Court ruling in the Sanwarmal
Kejriwal versus Vishwa Cooperative Housing Society case, a member can keep the tenants of his
choice.
Apart from this, housing societies tend to charge a premium for maintenance and other facilities
from the tenant. "Ideally, the society cannot charge extra from the tenant because the latter does
not deal with the society, just the owner," says Ravi Goenka, advocate, Goenka Law Associates.
However, under the pretext of providing additional security because of the presence of nonmembers, that is, the tenants, a society may levy additional charges.
Such charges have to be arrived at mutually with the consent of all members, including the
owner. "While a society is allowed to frame rules for its administration, it cannot force tenants to
pay fees that are exorbitant and oppressive in nature. These arbitrary charges tend to be in
violation of the constitution and, hence, can be challenged in court," says Sampat.
Besides, the society has to frame rules that conform to the model bye-laws of the cooperative
housing society. Most societies are members of the National Cooperative Housing Federation of
India (nchfindia.net) and have to follow the bye-laws laid down by it. "If a tenant believes that a
charge has been arbitrarily levied on him, he should ask the society to specify in writing the
section of the model bye-laws under which it has been charged. If the society has come up with a
charge that it cannot legally impose, the tenant can raise objections, and if need be, approach a
cooperative court," advises Goenka.

In case of harassment or unfair discrimination by the society, the tenant should approach the
cooperative court along with the owner. He cannot do so on his own since he is not a member of
the housing society, while the owner is. If, on the other hand, the tenant is harassed by the owner
or refuses to accompany him to the court, he can approach the police as well as the civil court.
Cooperative courts are set up by the state government in some districts, but if there isn't one in
your state, you can approach a consumer/civil court.