Should Housing Societies Issue Moral, Ethical and Social Diktats?
Jun 21, 2018 Legal Guidance
It is not new for resident welfare societies to issue ethical and moral code for the residents. Often the one who suffers and find it difficult to lead the independent lifestyle, are the single youngsters. One important question that arises is that can resident’s welfare association issue such rules?
The housing laws are to the rescue for the same. It stands clear that no bylaws can breach or violate the law of land. In the Talmakiwadi Cooperative Housing Society presented before the Bombay High Court had the similar issue. The high court ruled that no by-laws of the housing societies can violate the Maharashtra Society Cooperative Societies Act, 1960.
Hence for the bachelor’s, the RWA cannot define what they should wear, eat or what time they should come home. Unfortunately, the RWA start defining their own rules making it difficult for the single tenants.
In such case, the bachelor can challenge the by-laws in court. There are often negotiations and compromises between the RWA and tenant, which make sure that it serves the welfare purpose of the society.
The housing laws are to the rescue for the same. It stands clear that no bylaws can breach or violate the law of land. In the Talmakiwadi Cooperative Housing Society presented before the Bombay High Court had the similar issue. The high court ruled that no by-laws of the housing societies can violate the Maharashtra Society Cooperative Societies Act, 1960.
Hence for the bachelor’s, the RWA cannot define what they should wear, eat or what time they should come home. Unfortunately, the RWA start defining their own rules making it difficult for the single tenants.
In such case, the bachelor can challenge the by-laws in court. There are often negotiations and compromises between the RWA and tenant, which make sure that it serves the welfare purpose of the society.
Laws for RWAs
The RWAs are registered under the Societies Registration Act, 1960, which states that the RWA can only handle the maintenance and general administration of the society. They cannot interfere with one’s personal life and their lifestyle. Section 14 of Uttar Pradesh Apartment (Construction, Ownership and Maintenance) Act, 2010, states that the responsibility of the RWA is to look at the affairs in relation to the apartments, common areas and facilities. Further, Section 5(1), of UP Apartment Ownership Act, 2010, states that the apartment owner has the whole right in the exclusive ownership of the flat and the society cannot stop him from practising his religion and lifestyle.
Laws protecting the rights of tenants
The RWA has no legal right to issue moral, ethical and social diktats to the residents otherwise is a direct violation of the fundamental rights provided by the Indian Constitution. The RWA is only responsible to look at the social issues and not look further into the personal issues and lifestyle choices of the tenant. It is otherwise a violation of Article 300.
Laws of land:
- RWAs cannot issue moral, ethical and social diktats to the society.
- Apartment owners are free to lend out their apartment to the bachelors.
- Residents cannot be stopped by entertaining guests or having people of opposite gender in their house.
- If any bachelor tenant is harassed by the RWA, then the person has the right to sue RWA and ask for compensation.
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