Central Goods and Services Tax is an indirect tax to be paid by end-users for the consumption of goods and services. It was implemented in 2017, and it applies not just to individuals and corporations, but to housing societies as well, with exceptions, of course.
To understand in-depth the correct eligibility criteria for a housing society’s liability towards GST, here’s a comprehensive guide that covers all essential information and facts you need to know about co-operative society compliance with GST rules.
What is GST & inclusion provision under the Act
| Act | Inclusions/Definitions |
|---|---|
| CGST Act 2017 Section 7 | “Supply” includes all forms of supply of goods or services or both, such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. |
| CGST Act 2017 Section 7 And Section 2 (17 e) | States “business” as “Provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members. |
GST Act applicability to housing societies
1. As per Section 2(84) “Person” includes
a co-operative society registered under any law relating to co-operative societies or a Society as defined under the Societies Registration Act, 1860. A cooperative housing society is to be considered as a ‘person’ under the definition of ‘supply’.
2. As per Sec 2(31) “Consideration”
in relation to the supply of goods or services or both includes (a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government.
Housing society registration under GST
As per Section 22, if the turnover of the housing society is over Rs 20 lakh and/or it levies more than Rs 20 lakh in aggregate annual maintenance charges in a financial year, it needs to take registration under GST laws and obtain a registration number, but the payment of GST depends on other parameters (covered below).
However, there are exceptions for Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand, where the threshold limit for registration liability is Rs 10 lakh.
Criteria for applicable GST payment for society maintenance
If the society’s monthly maintenance bill is more than Rs 7500 per house, 18% GST is applicable on the entire amount.
If a person owns more than one residence in a society, then a ‘separate’ ceiling of Rs 7500 is considered as the second unit also gets an individual exemption of Rs 7500.
However, there is an exemption if the annual aggregate turnover of the housing society is not over Rs 20 lakh.
Thus, for GST to apply, two criteria must be met.
| Annual turnover of a housing society | Monthly maintenance charge | GST |
|---|---|---|
| ₹20 Lakh or less | ₹7500 or less | Exempt |
| ₹20 Lakh or less | More than ₹7500 | Exempt |
| More than ₹20 Lakh | ₹7500 or less | Exempt |
| More than ₹20 Lakh | More than ₹7500 | Applicable |
Furthermore, GST doesn’t apply to the difference amount alone. For example, if the monthly maintenance bill is Rs 9000, GST will apply to the entire amount, not just to Rs 1500.
Property Tax, Water Tax, Municipal Tax, Non-Agricultural Land Tax paid to the state are exempt from GST.
Sinking Fund, Maintenance and Repair Funds, Car Parking funds, Non-Occupancy Funds, interest from late payments, are not exempt from GST since they are considered charges collected by the society for the supply of services to members.
Let’s understand this in detail for clarity.
Inclusions and exclusions for the societies that fall above the limit of Rs 7500
1. Sinking fund
It is considered a type of service provided by the housing society to its residents hence included.
2. Repairs & maintenance fund
This falls in the category of residents paying for repairs, common services, audits, maintenance dues, etc., thus it’s to be considered as inclusion as it falls under taxability.
3. Non-occupancy charges
These are not considered a part of the Property Tax for common premises, hence included.
4. Parking charges
The same logic applies for parking charges since it’s an individual collection for a specific service.
5. Water charges
If the water charges are collected on behalf of the members by the society for individual use (e.g. water tankers or government source), then they don’t fall under taxation under GST limit as tax may already be applied on it as per the law. If the water charges are for common use,l (e.g. generating electricity to give drinking/potable water facilities as a service), then they’re included under the Rs 7500 limit.
6. Property tax
Property tax on common areas is to be considered as an inclusion in the limit as well. However, if the society is only an intermediary, collecting individual residents’ property tax and handing it over to the government, then it’s not considered under the limit. Property Tax on any other places, like stores and parking spaces (if applicable) should be subject to respective law but not included in GST calculations.
7. Share transfer fees
At the time of property sale share transfer fees are charged which are taxable, which is why they are not included in GST.
8. Common services
Services like the clubhouse, gym, pool are considered taxable, hence must be utilised under GST calculations. If a society uses common spaces like clubhouse, garden, terrace or any other part of the premises for use of members and outsiders on rent, for hire, it’s liable for tax, hence must be covered under the calculation slab.
9. Income received as interest on defaulters
It is considered an individual charge and not used for common uses, thus it’s excluded from taxation consideration.
10. Income received from renting space
Income received from renting space for mobile towers is derived from business, thus it’s to be included in the calculation.
Input tax credit for society
ITC is the tax reduction that you can claim since you’ve already paid on the goods and services. For example, if you’re a housing society who has paid for pipes and construction materials for repair and maintenance of your premises, or have hired the services of an Auditor for your annual accounts, you can claim the credit upon it.
Housing Societies will avail the benefits of ITC which means that if they pay taxes on repair and renovation, capital goods (generators, lawn furniture, water pumps, etc.) and other goods (taps, pipes, hardware, construction materials), they will receive a tax deduction but for them to avail this benefit, the reverse charge mechanism will apply on all goods and services received by suppliers; the set-off can be claimed against the tax liability for maintenance funds.
However, this benefit is available if the amount charged for these supplies is over Rs 7500 per member.
A housing society can impart the benefits of Input Tax Credit by lowering the maintenance charges for members, the amount of which can be determined after proper cost analysis and comparison of output/input tax amounts against overall expenses and income.
What are the requirements for claiming ITC for housing society?
- Society should have the tax invoice
- Goods/services procured should be received, and if they’re being received in installments, the last installment should be received before claiming ITC.
- Tax Returns should have been filed by the society
- The supplier of goods/services has paid the tax being charged to the government.
- ITC is not allowed if the depreciation has already been claimed on the tax component of capital goods/services.
Periodic filing & compliance rules for housing society
A housing society has to file 37 returns, three returns per month, which include:
- Billing Side – 10th of the following month
- Expense Side – 15th of the following month
- Consolidated Return – 20th of the following month
- As well as: One Annual Return GSTR 9 by the end of 31st December next year (for the year 2019-2020 by 31st December 2020)
If a housing society deducts TDS, then they have to file GSTR7 by the 10th of the following month. Housing Societies do not fall under the Composition Scheme.
MC/RWA are expected to maintain proper records of all Supply and Expense reports for 72 months for auditing purposes.
Different GST forms & their importance
- GST 1 – to be filled by all regular taxpayers who are registered under GST, including casual taxable persons (with debit/credit notes, invoices of outward supply).
- GST 2A(&B) are view/read-only available and relevant for the recipient or buyer of goods and services, and can be referred to when any invoice is missing, the buyer can communicate with the seller to upload it in their GSTR-1. No action can be taken on GSTR 2. 2B contains constant ITC data for back referral.
- GST 3B (3 not in use currently)- This is also to be filled by all normal taxpayers, including societies, to provide details of supplies made, ITC claims details, tax liabilities, and payments.
Housing societies should ensure that sales/supplies and ITC details are reconciled with GSTR 1 and GSTR 2B every tax season before filing GSTR 3 B.
Frequently asked questions
It’s Goods and Services Tax, which is levied on the supply of goods and services and is a value-added tax levied on most goods and services sold for domestic and commercial consumption.
No.
Yes. GST exemption and application apply to property used for commercial purposes.
Yes. If the vendor’s services fall under GST rules, the society has to pay as per the percentage applied. E.g., GST payable for contractor services.
In this case, GST applies only to the second apartment for which the maintenance is Rs 8000.
How does this affect maintenance bill/other bill formats?
The society has to add GST to the monthly, quarterly, and yearly invoices and mention the GSTIN No on all invoices where applicable.
What forms are to be used for monthly filing?
Monthly GST forms are GSTR 1, GSTR 2A,and GSTR 3.
On what repair and maintenance services is Input Tax Credit allowed?
On services such as lift AMC, Housekeeping, Security, Fire AMC, Contracting Staff, Accounting and Auditing Services, etc.
What should be excluded while calculating the limit of Rs 7500?
Property tax, electricity charges collected from individual flat owners and other statutory levies are excluded.
What should be included while calculating the limit of Rs 7500?
Water/electricity charges for common areas and common services like clubhouse, swimming pool, along with parking charges, common property tax, payments for repair and maintenance, security, admin, accounting, Non Occupancy charges.
Are share transfer fees/ interest on late payment included in the limit of Rs 7500?
No. Share Transfer Fees are taxable but not included in the Rs 7500 limit as no third party is involved. Similarly, interest on default is an individual charge, so it’s taxable, but not covered under the limit of Rs 7500.
Does GST apply to housing societies?
Ever since the changes in Budget 2021 were introduced, all types of cooperative housing societies are included under GST applicability as they provide services to the members. However, exemptions apply.
It’s 18% (State GST is 9% and Central GST is 9%).
What are the documents needed?
a) In general, invoices issued by the supplier.
b) An invoice such as a Bill of Supply if the amount is less than Rs 200 or if reverse charges mechanism applies.
c) Bill of Entry or similar documents issued by the Customs Department (if applicable)
d) Bill of Supply issued by the supplier
e) Other documents required in the Form
Is GST applicable to maintenance charges paid by residents?
Maintenance charges up to an amount of Rs. 7500 per month, per member, are exempt from GST. Earlier, the exemption was available on a monthly maintenance charge of up to Rs. 5000 per member. The limit was increased to Rs. 7500 with effect from 25th January 2018.
How does the GST exemption work if a person owns two or more flats in a housing society?
In such case, GST exemption of Rs. 7500 per month, per apartment, shall be applied separately for each apartment owned by him.
For example, if a person owns two residential apartments in a society and pays Rs. 15000 per month as a maintenance charge (calculated at Rs. 7500 per month, per apartment), the exemption from GST shall be available to each apartment.
How is GST payable in societies where maintenance charges exceed Rs. 7500 per month, per member?
In case, for society, the maintenance charges exceed Rs. 7500 per month, per member, the entire amount is taxable.
Let’s understand this with an example. If the monthly maintenance charges for a housing society are Rs. 9000 per member, the GST @18% shall be payable on the entire amount of Rs. 9000 and not on Rs. 1500.
* Refer to the latest GST circular issued by the Government of India, Ministry of Finance Department of Revenue (Tax Research Unit), New Delhi.
How does the GST calculation work (with example)?
| Total amount received | Water charges | Sinking fund | Taxable |
| 8000 | 500 | 500 | 7500 |
| 4000 | 500 | 500 | 0 |
What is the procedure to claim ITC and how much can be claimed?
Taxpayers should enter the ITC amount in their monthly, quarterly, yearly GST forms (Form GSTR-1,2,3) and enter details like amounts eligible and ineligible for ITC and reversal, etc. as mentioned in the form. The recipients can claim provisional input tax credit in GSTR-3B to the extent of 5% instead of earlier 10% of the total ITC available in GSTR-2B for the month.
Where can society view the seller’s uploaded invoices?
Invoices uploaded by the seller in GSTR-1 can be viewed by the purchaser in his GSTR-2B form.
You hardly give a second thought to your local riverbank strewn with brown matter or freshwater lake that smells like rotten eggs, because you’d think that the government will make sure the water supply is clean before it reaches our home. Then the same water flows through your kitchen tap and you seem to believe that it looks clean…but is it really? When the Bureau of Indian Standards did a water quality check on India’s 13 big cities, all (except Mumbai) failed the test of water quality.
‘So what? We don’t drink tap water, we install water purifiers and buy mineral water anyway,’ you’d rationalize, without addressing the real problem at the source again.
If our rivers and lakes were never polluted to begin with, and if each one of us cleaned our own mess instead of dumping it on the planet and its precious water source, we’d have uninterrupted, clean water, fit for human consumption, straight out of the tap, much like the world’s most developed countries.
Water management and treatment in metropolitan cities is a dystopian nightmare.The biggest reason for water pollution in India is untreated sewage, an astounding 70-80% of total sewage of a country of 135 billion people.
According to a report by the Central Pollution Control Board, “In a number of cities, the existing treatment capacity remains underutilized while a lot of sewage is discharged without treatment in the same city…” As per the government inventory, there are less than a thousand sewage treatment plants in India.
Long story short, we need to consider private wastewater treatment options, like a Sewage Treatment Plant or STP.
What is a sewage treatment plant?
Sewage treatment plants process and treat wastewater/sewage, breaking it down into a cleaner ‘effluent’ that can be returned back to nature in a safer, eco-friendly form. They help restore groundwater balance, curb diseases and stop degradation and pollution of the environment.
In housing societies, the treated water can be used for non potable purposes such as gardening, washing cars, construction, irrigation and toilet flushing.
Cleaner water would minimize fatalities due to water borne diseases, there’d be less negative environmental impact from water pollution and from a much narrower point of view, no house would have to pay for water tankers, because there’d be abundance of groundwater on macro scales and reusable water at community levels.
How does a sewage treatment plant work?
They work in four phases – preliminary, primary, secondary and tertiary treatment.
1. Preliminary treatment
Removes the biggies like plastic bottles, tree branches, rags, wrappers, solid, coarse objects and materials.
2. Primary treatment
Occurs inside a sedimentation tank which settles to the bottom all the organic and inorganic solids while the grease, oil and lighter solids are moved to the surface using skimmers. This phase is expected to remove at least 60% of solids (mechanically scraped off and directed to sludge treatment) while the remaining water moves to the next stage.
3. Secondary treatment
Entails secondary clarifiers separating biological floc from the liquid with the use of aerobic biological processes (through managed indigenous microorganisms that consume biodegradable soluble contaminants). This stage is focused on intensive cleaning of water (up to 90%) after flotsam and solids are cleared in primary treatment.
4. Tertiary treatment
Is advanced treatment that reduces pathogens, nitrogen, phosphorus and other inorganic compounds by disinfecting the water chemically, through ultraviolet light, or micro filtration, before releasing for reuse. Sludge is treated in digesting tanks with anaerobic bacteria and later used as fertilizer.
STP norms and guidelines by the government
In metro cities like Mumbai, housing projects with more than 20,000 sq metres are given clearance upon the condition that they treat solid waste in-house, making it mandatory for them to have functional and compliant private STPs. However, the installation at design level is the responsibility of the builder who is also required to maintain it for five years after occupancy by residents.
Sewage treatment norms have eased, renewed and scrapped since 2015 until they were made stricter in 2019 eventually. Here’s an easy to understand lowdown.
In 2015, the Central Pollution Control Board had placed strict rules regarding effluent discharge which regulated the amount of pollutants that can be allowed for discharging back into water bodies. In 2017, the norms were relaxed, allowing higher levels of pollutants. Meanwhile a study by IIT Kanpur, IIT Roorkee, NEERI and CPCB yielded that diluted rules worsened the water quality of rivers. In 2019, the NGT (National Green Tribunal) scrapped the eased norms, reintroducing stringent rules with respect to treated effluent. Now new and old STPs across mega and metro cities will have to follow the revised standards mentioned below.
- BOD (Biochemical Oxygen Demand) level – 10mg/L
- pH value – 5.5-9.0
- Total Suspended Solids – 10mg/L
- Nitrogen – 10mg/L
- COD (Chemical Oxygen Demand) – 50
- Fecal Coliform – 230 per 100 millilitres
Maintenance of STP
Low-budget STPs need frequent emptying and monitoring but even a good one would have to be desludged and serviced at least once a year. After desludging, it should be immediately refilled by water to balance the internal and external pressure.
Under no circumstances should rainwater enter the STP. It could flush out bacteria and cause flooding.
Emptying of primary tanks and soakaways must be done regularly by the society, not the manufacturer’s service staff.
Below components should be checked during maintenance visits:
- Unobstructed, strong and efficient blower and ventilation
- Mechanical components replacement if needed
- Inspection for air filters and pipes inspection
- Diffuser inspection for bubbles
- Biomass color and smell check
- Final effluent quality
- Damage repair in all chambers
- Lid seal integrity
- Replacement of diaphragms and valve boxes
Refer to the manufacturer’s maintenance guidelines booklet for a detailed understanding of every protocol.
STPs require a CFO ( Consent For Operation) from the state pollution boards which have to be renewed every five years. Consent is granted after submitting paperwork, consent fees and a thorough inspection from regional officers of the Board.
The flipside of conventional STPs and eco-friendly options
An aerobic STP generally in vogue has moving parts and needs manual operation, i.e. higher maintenance and opex. It utilizes a lot of electricity for functioning (since aerobic bacterial colonies require constant air) and a trained professional has to be hired for operating it daily. Depending on the KLD (kilo litres per day) capacity, one unit can cost from Rs 8 lakh to Rs 20 lakh and above. Monthly expenses would thus be somewhere over Rs 60,000 for a mid-sized society (or approx. Rs 20 lakh per annum including labour and electricity for a 200 KLD unit).
Regular STPs are currently being used due to widespread established acceptance, yet as you may have surmised, they are not exactly ‘install and forget’; they’re energy-intensive and demand care. Societies are realizing the need for eco friendly, self-sustainable STPs that do not raise their electricity bill, don’t need monitoring, add beauty to the aesthetic ambience of the premises, while providing chemical free effluent that is completely harmless to humans and nature. Enter Bio STPs, otherwise known as Green STPs.
They use Anaerobic Microbial Inoculum (AMI) in which bacteria disintegrate organic waste, converting it into biogas through components like bio-digesters placed underground and reed beds above ground (constructed wetlands which allow bacteria and microorganisms to clean waste water). It produces biogas for cooking as well as safe non potable water for reuse without any chemicals.
It uses no electricity, is low maintenance and pays for itself in 10 years. It is surprisingly low cost and easy to install too. A unit starts from around Rs 6 lakh onwards.
There is also availability of eco friendly STPs that function on biomimicry of cow’s stomach (ruminant digestion). Another highly eco-friendly technology available in India is Soil Bio Technology based STP (CAMUS/SBT developed by IIT Bombay) that uses trickling filter concept, where purification is done through respiration of organisms, plant photosynthesis and mineral weathering.
STPs are your best bet for a sustainable future, not to mention mandatory for larger complexes. Sooner rather than later, it’s prudent to make them a way of life. Let water come full circle and not flow to countless drains and dead-ends.
Book a demo now
Error: Contact form not found.
Navi Mumbai has consistently been among the fastest-growing and most sought after areas when it comes to real estate. Its mix of affordability and accessibility to the city, with plans for the Navi Mumbai Metro and international airport project underway has placed it on the map as a lucrative real estate investment option.
Comprising popular localities such as Panvel, Kharghar, Vashi, Airoli, Kamothe, Nerul, Taloja, Ulwe, Seawoods and Belapur, Navi Mumbai’s neighbourhoods have long been zeroed in on for holiday homes and out-of-city excursions. In recent years, these localities have developed into full-functioning communities with all the conveniences and trimmings of modern city life.
Redential, commercial and infrastructure-related progress has been made in leaps and bounds in Navi Mumbai. Today, there are abundant employment and education opportunities, good healthcare facilities and great leisure options such as movie theatres, malls, restaurants, parks, cafes and gyms.
If you are thinking of buying or renting property in Navi Mumbai, these are some of the best and most posh areas to live in.
1. Panvel
A popular location for those looking to live in Navi Mumbai, Panvel is a great choice to live in. It consists of many neighbourhoods, including Panvel East, Panvel West, New Panvel, Khanda Colony, Karanjade, Adai and Chipale, as well as the land that lies alongside the Mumbai-Pune Expressway.
It is considered a good investment to buy property here as the proximity to the soon-to-be-opened Navi Mumbai International Airport is close. Property prices in Panvel range from around Rs. 5,100 to Rs. 8,300 per square foot. From Panvel, it is relatively easy to commute to Mumbai so if you need to travel for work, living here makes it accessible as well as more affordable than living in the main city.
Inside Panvel, there are plenty of shopping and entertainment options with Big Bazaar, Orion Mall and Seawoods Grand Central Mall close by. Schools and colleges are also present here, making it a good choice for families with school-going children. Some educational institutes include Pillai College Of Engineering, St. Joseph’S High School, Dav Public School, Pillai s Institute of Management and Barns High School.
2. Kharghar
Kharhar is an up and coming locality in Navi Mumbai that is becoming known as a great investment for real estate. This area is filled with greenery as well as being a well-planned neighbourhood with good infrastructure. It is situated along the Mumbai-Pune Highway and buyers can choose from many reputed real estate projects, with modern amenities.
Kharghar has many good schools such as DAV International School, Ryan International School, Convent of Jesus & Mary High School & Junior College, National Institute of Fashion Technology (NIFT) and Institute for Technology & Management.
There are shopping and entertainment centres like Little World Mall, Glomax Mall, and Seawoods Grand Central Mall all close by. Many important employment hubs are also near this area, with major ones in CBD Belapur, Taloja Industrial Estate, Vashi, Kopar Khairane, Mahape, Ghansoli and Airoli.
3. Vashi
Vashi is one of the most sought-after residential areas to reside in Navi Mumbai. This area is well-planned with superb connectivity to the Mumbai-Pune Highway. Other road and rail connectivity is very good too, with easy access to Palm Beach Road, Vashi Flyover and Thane-Belapur Road, as well as Vashi Railway Station, which is on the Harbour Line.
Access to popular localities such as Kopar Khairane, Ghansoli, Airoli, Nerul and CBD Belapur is easy as well.
Vashi has a perfect mix of residential properties and commercial establishments so there is plenty to do and see for those who live here. Residential property costs between Rs. 11,900 and Rs. 20,500 per square foot.
Vashi is well-developed with many schools, colleges and hospitals to suit the needs of families. There are plenty of good stores, malls and restaurants here. Inorbit Mall, Raghuleela Mall and Vashi APMC Wholesale Market are great places to shop at, and Ikea is nearby as well.
There are many employment hubs and hubs around the area, such as International Infotech Park, Haware Fantasia Business Park, Reliance Corporate Park, Electronic Zone, Millenium Business Park, TTC Industrial Area and Mindspace SEZ Airoli.
4. Airoli
If you plan to live in Airoli, you can choose from a variety of housing options that cater to all budgets. There are affordable flat options for those who do not want to spend a lot as well as premium apartments with world-class amenities. Price of property in Airoli ranges from Rs. 9,300 to Rs. 14,900 per square foot.
Commuting from Airoli to Thane and Mumbai is easy with the convenient Thane- Belapur road as well as the Mumbai Suburban Railway. The locality is also close to large employment parks such as Mindspace Technology Park, Airoli Knowledge Park, Reliable Tech Park and TTC Industrial Area.
The social infrastructure is solid with hospitals, schools and colleges all in and around the area.
Some popular schools and colleges include St. Xavier’s High School, New Horizon Public School, DAV Public School, Euro School, VIBGYOR High School and Datta Meghe College of Engineering.
5. Kamothe
Another posh residential area in Navi Mumbai that is a great choice to live in is Kamothe. It has good connectivity to the Mumbai-Pune highway and is in close proximity to the planned Navi Mumbai International Airport. There is also a metro station planned for this locality which will make commuting even easier in the future.
Here you can find a good range of accommodation types – from older co-operative housing societies to newer multistory apartments.Property prices here range from Rs. 6,600 to Rs. 9,800 per square foot.
There are many reputed educational institutes in and around Kamothe, namely the National Institute of Fashion Technology (NIFT), Institute for Technology & Management, DAV International School and Ryan International School. Jeevan Jyot Hospital and Matoshree Multi speciality Hospital tend to the healthcare needs of Kamothe residents and, for recreational and shopping purposes, there is Orion Mall and Mahalaxmi Mall no more than five kilometres away.
Employment hubs nearby include CBD Belapur and Taloja Industrial Estate – just a 20 minutes drive away, with Vishwaroop IT Park, Haware Fantasia Business Park, Millennium Business Park and International Infotech Park also within a half an hour driving distance via Mumbai Expressway.
6. Nerul
Nerul is a well-developed and sought after area in Navi Mumbai for both residential as well as commercial property. Property prices for residential needs range from about Rs. 10,100 to Rs. 17,600 per square foot.
Nerul is conveniently located along the Mumbai-Pune Highway, close to Sanpada, Juinagar, Kharghar, Seawoods and CBD Belapur. Here, you can find all kinds of accommodation types, including low, mid and high-rise flats and older co-operative housing societies (CHS). There are many reputed residential projects such as Wadhwa Palm Beach Residency and Vignahar Heights.
Schools and colleges in and near Nerul include Apeejay School, St. Xavier’s High School & Junior College, Ryan International School and Terna Engineering College. For healthcare needs, Apollo Hospitals, Neurogen Brain and Spine Institute and D Y Patil Hospital are all close by.
Seawoods Grand Central Mall, Inorbit Mall Vashi, Raghuleela Mall, Rock Garden, Wonders Park and Nerul Gymkhana Club are all around the area for recreational and shopping needs.
7. Taloja
Taloja is an upcoming suburb that is located in Navi Mumbai that is planned by the City and Industrial Corporate of Maharashtra (CIDCO). It is divided into two phases (I & II) and has affordable residential options mixed with industrial establishments. Residential property is priced at between Rs. 4,500 and Rs. 9,500 per square foot.
Taloja lies just off the old Mumbai Highway (NH4) and the central and western parts of Mumbai can be accessed via MIDC Road. Taloja Panchnand railway station makes travelling by train relatively easy.
There are a few schools and colleges here – namely, Kalsekar English Medium School, Al Safa English Medium School, Mindseed Preschool Balasaheb Thackeray Law College, YMT Ayurvedic College, and AC Patil College of Engineering. Hospitals include Rana NX Hospital, Apex Hospital and Jeevan Jyoti Hospital. Shopping areas include markets such as Jyoti complex and Sector 24 and Sector 11 markets.
8. Ulwe
Ulwe, like Taloja, is also an area that has been developed by CIDCO. This neighbourhood is a very affordable one in Navi Mumbai. Here you can find a mix of low, mid and high-rise apartments. You can buy residential property for about Rs. 5,900 to Rs. 9,400 per square foot in Ulwe.
Those living in Ulwe benefit from good connectivity to employment spots via NH-348A and Nerul-Uran Rail Line. Ulwe is close to CBD Belapur, Turbhe, Vashi, Kopar Khairane and Ghansoli. Raheja Arcade is 6 km away, International Infotech Park is 14 km away, Haware Fantasia Business Park is 13 km away and Electronic Zone Mahape and Millennium Business Park are just 17 km away.
Ulwe is not as developed as some parts of Navi Mumbai. However, more developed neighbourhoods are within quick reach, with Belapur, Seawoods, Nerul and Kharghar nearby.
9. Seawoods
This well-planned neighbourhood in Navi Mumbai is well known for being premium and is a great residential location to live in. Residential property costs between Rs. 9,800 and Rs. 18,900 per a square foot in the Seawoods area. Here you will find a mix of flats and apartments, independent houses and villas. Seawoods also has the NRI Complex (Seawoods Estate) with over 1,500 houses and premium facilities such as a shopping complex, swimming pool, sports courts and gardens. This is an upmarket residential township by CIDCO,
Seawoods is surrounded by well-known and developed localities such as Nerul to the North. There is Panvel Creek in the South, CBD Belapur to the East and Thane Creek to the West of it.
Here you have access to some good schools and colleges such as Podar International School, Delhi Public School, DAV Public School, Sterling Institute, Tilak College and Terna Engineering College. There are enough hospitals for healthcare services as well, including Seawoods Hospital, Apollo Hospitals and NeuroGen Brain and Spine Institute. Seawoods Grand Central Mall as well as other small-0 and medium-sized shopping and market areas are nearby.
10. Belapur
Belapur is a popular and posh residential area in Navi Mumbai that is also high on the list of potential buyers and renters because it houses BBD Belapur, Navi Mumbai’s popular business hub. In Belapur, you can find good 2BHK and 3 BHK apartments to fit various budgets. The price for residential property ranges from around Rs. 10,500 to Rs. 16,500 per square foot.
Commuting from Belapur is relatively simple with the CBD Belapur Railway Station on the Mumbai Suburban Railway Harbour Line available to residents. The Mumbai-Satara Highway runs through the locality, connecting it with Mumbai, Navi Mumbai and Pune.
Belapur houses a few good schools and colleges such as Pes Central School, Bharati Vidyapeeth English Medium School, Dp Vidya Niketan School, Bharati Vidyapeeth College Of Engineering and Ymt College Of Management.
For shopping and recreational purposes, residents can enjoy spending time at One Step Shopping, V Times Square and Ekta Vihar Shopping Centre.
Housing societies aren’t always the safe and trouble-free utopias we imagine them to be and do have their own share of woes and travesties, as does everything else in life. Some problems have a way of appearing, reappearing, and recurring in the life of an average housing society resident. Some of the problems faced by co-operative societies are loud neighbors, tyrant committee members, careless service staff, irresponsible builders… the list goes on. But for every problem, there is a failsafe solution, provided some foresight and a lot of proactiveness is applied. Find out more about the common nuisances in housing society problems and their solution.
1. High maintenance charges
There are predefined components for which the member has to pay maintenance charges, such as water, service, common electricity, etc. However, in many cases, it has been observed that the managing committee bills members randomly and illegally for surplus charges under false pretexts, such as charges for keeping pets, using elevators for transporting new furniture, etc.
Solution: While getting into an agreement with the developer, check the calculation of maintenance charges, i.e equal distribution, per sq feet calculation or hybrid charge. Also check your society’s model bye-laws to be aware of the components to be legally paid, and if you are being charged incorrectly, bring it to the notice of the managing committee immediately. In case if the MC refuses to cooperate, you have the right to file a complaint to the Registrar and finally to the District Collector.
2. Parking woes
One slot is allowed per member to park their four-wheeler, unless specific arrangements are made by the society, for which it charges extra. A member is allowed to park either a commercial or a personal vehicle. When there is a shortage of slots, a draw is used to determine the parking arrangements. If the owner does not have a parking slot and rents out his residence, it is his responsibility to make available a parking spot for the tenant. Visitors are also legally allowed to park their vehicles inside the society, except the percentage allotted to guest parking has been reduced from 25% to 5% now.
Solution: If you are facing parking problems, approach the managing committee with a written complaint to be granted your rights within the statutes. If no solution is found, approach the Registrar, Co-operative Court or Consumer Forum.
3. Corrupt committee members
It is no secret that corruption runs rampant where power is centralised. In the case of the managing committee of housing societies, certain dishonest members or office bearers embezzle funds for personal benefit and some committee members pay no heed to such malpractice. Incidents such as misappropriating society’s funds and showing falsified statements, charging members with unnecessary bills, writing off pending dues from certain members, embezzling funds from redevelopment loans, bribing officials for fraudulent expenses, etc. are commonly registered as complaints. In many cases, managing committee charges massive non-occupancy charges from unsuspecting residents even when the apartment is occupied by a close relation or is locked.
Solution: As a proactive and vigilant member, you should be aware that you have the legal right to inspect any and all of the society’s financial books and statements. If your society denies this right, it is liable to pay Rs 25,000 in penalty. Attend the annual general meeting to take stock of the society’s financial transactions. Ensure that the Auditor who performs society’s annual audit is hired from government approved panel. Appoint an honest internal auditor from within the society. Finally, approach the Registrar or the court (as RTI action) to highlight unresolved cases of financial debauchery.
4. Unfair/irregular elections
Dictatorial behaviour by the committee members is noticed in many Indian societies where the sitting Managing Committee refuses to conduct a fresh election (to be held every five years). Same members retain their position and misuse their authority to bully or manipulate members out of their rights. When they do conduct an election, certain votes are neglected and members favoured by MC are given preference for qualifying rounds. Certain chairpersons/secretaries elect the entire managing committee by themselves, disregarding member votes.
Solution: A housing society operates on the laws of democracy, where the members have the right to contest in an election or nominate a candidate of their choice. One member has one vote. Election procedure is to be supervised by an unbiased govt authorities in larger societies. You should make a complaint to the managing committee, which should ideally respond to your objection in 15 days. If no remedy is found, you have the right to approach the local Registrar or the co-operative court.
5. Encroaching of space/ illegal construction
This is a common conflict that is often faced by the managing committee. Many members occupy common spaces in the vicinity of the apartment/home, turning it into a shed, garden or parking slot. Illegal apartment extensions are also built from within the residence, occupying extra dimensions than allowed by the society. This is a violation of the rights of the neighbors and flouting the rules of the society as a whole.
Solution: Inform the violating member of the problem and educate them about the society’s rules after involving the managing committee who should ensure that the encroaching of space is immediately stopped. In case the builder or a member constructs an unauthorized structure within the premises of the society, the MC should notify the local municipal authority as a legal action against him.
5. Encroaching of space/ illegal construction
This is a common conflict that is often faced by the managing committee. Many members occupy common spaces in the vicinity of the apartment/home, turning it into a shed, garden or parking slot. Illegal apartment extensions are also built from within the residence, occupying extra dimensions than allowed by the society. This is a violation of the rights of the neighbors and flouting the rules of the society as a whole.
Solution: Inform the violating member of the problem and educate them about the society’s rules after involving the managing committee who should ensure that the encroaching of space is immediately stopped. In case the builder or a member constructs an unauthorized structure within the premises of the society, the MC should notify the local municipal authority as a legal action against him.
6. Safety neglect
Some societies are careless about their security measures, due to which the residents become victims of theft, vandalism and occasionally graver crimes. At times, the security framework is lax or the security guards are missing/neglectful, resulting in the unnecessary nuisance to members by vendors and salesmen. Even in the case of the society installing CCTV systems, the equipment is not upgraded or repaired when it stops working. Additionally, in common areas such as the parking lot, staircase, swimming pool, community hall, garden, there are broken light bulbs, open manholes, structural damage, broken pipes, glass that often lead to accidents and injuries. Some buildings do not have up to date fire fighting equipment, emergency drill routines and are not earthquake resistant.
Solution: The managing committee members who are in charge of hiring security guards should screen, vet them thoroughly or hire them from a recognised manpower agency and train them on how to perform their duties. They should also be regular in carrying out the necessary annual maintenance contracts with vendors for fire fighting equipment, lift maintenance, etc. Members should promptly notify the committee of broken or dysfunctional amenities that could cause serious inconvenience or injuries to the residents. As a homebuyer/builder ensure the building is in compliance with safety laws, certified by inspectors, engineers and local authorities. Instead of relying solely on manual security, it is highly recommended to install CCTV cameras and equipment and have it upgraded at regular periods. A structural audit is mandatory for buildings at regular intervals.
7. Builder not doing his due diligence
You may have come across cases of negligence or profiteering on behalf of the builder/developer such as selling of empty parking lots, renting of common spaces within society premises without authorization, not procuring Occupation Certificate, Completion Certificate, not making available building plans to the society, not executing conveyance and property card in the name of society. At times, they do not share the profit accrued from selling hoarding spaces or mobile tower space on the terrace, unfairly using the building FSI/TDR for other constructions.
Solution: Before the builder handover, ensure every required document and certificate is obtained in due time. There are several authorities you could approach for such illegal actions. Based upon the type of violation, file a complaint with Urban Land Ceiling Department for Conveyance issues, approach the Consumer Court for service related defects, the Criminal Court for cheating or fraud, the civil/city court for an injunction against using FSI/TDR, the BMC to blacklist the builder.
7. Builder not doing his due diligence
You may have come across cases of negligence or profiteering on behalf of the builder/developer such as selling of empty parking lots, renting of common spaces within society premises without authorization, not procuring Occupation Certificate, Completion Certificate, not making available building plans to the society, not executing conveyance and property card in the name of society. At times, they do not share the profit accrued from selling hoarding spaces or mobile tower space on the terrace, unfairly using the building FSI/TDR for other constructions.
Solution: Before the builder handover, ensure every required document and certificate is obtained in due time. There are several authorities you could approach for such illegal actions. Based upon the type of violation, file a complaint with Urban Land Ceiling Department for Conveyance issues, approach the Consumer Court for service related defects, the Criminal Court for cheating or fraud, the civil/city court for an injunction against using FSI/TDR, the BMC to blacklist the builder.
8. Fraudulent/Incomplete Audits
Some societies appoint morally dishonest Auditors who turn a blind eye to the misappropriation of funds by the managing committee, taking a cut from the funds. Even if the Auditor is honest in reviewing the finance, thousands of societies in Mumbai and other cities do not submit the audited accounts to the authorities, resulting in de-registration and penalties. Mismanagement of financial statements and cash books results in ineffective audits. Bad bookkeeping on behalf the committee prevents the auditors as well as the residents from a clear and fair view of the society’s financial undertakings.
Solution: Elect reliable and conscientious committee members who manage the books responsibly. Appoint a clean internal auditor to oversee the finances. Accept the services of a certified Auditor who is empaneled with the Registrar in order to carry out an efficient annual audit.
9. Nuisance caused by residents
This problem comes in many shapes, sizes and forms. Check any complaint board websites of almost any state in the country, you will find members complaining about unruly neighbours such as loud music at ungodly hours, blaring stereos in cars, littering society premises, throwing food scraps from the pantry, feeding birds in balconies, children and sometimes adults playing cricket and other sports extremely noisily after prescribed play hours in gardens, members getting in scuffles with watchmen and other staff, tenants or even homeowners behaving in unsavory and disrespectful ways, smoking and drinking in society premises, among others. The list is seemingly endless and even renewed with new complaints describing strange and uncivilised behavior by the residents
Solution: Silence is not the best approach. Confront politely the person causing inconvenience to you and voice your concerns. If the behaviour continues, highlight it to the Secretary of the society or file a written complaint. But be sure to follow up on your grievance. The society usually lays down a code of conduct for its residents or at least puts up the list of ‘dos and don’t dos’ on its notice board which usually suffices for those of us who are more self aware.
Uncivilised behavior is largely accepted in India as citizens would rather mind their own business, be apathetic and tolerate distasteful behaviour instead of taking real action. There are cases where repeat offenders have been reprimanded, penalised and even expelled from the society on account of cruel and intolerable behavior. The final legal remedy is to approach the Police in case of irresolution of the problem.
10. Water shortage
There are a sizeable number of buildings that supply 24/7 water while in the case of others, the municipality provides water at fixed hours throughout the day. In such cases, the residents fix water tanks overhead to store water. However, only the specified size of water tank is approved to be fit as per the rules of the society so as to not hoard. When the buildings do not have overhead tanks and the water supply is governed by the society, it has been observed that the managing committee cuts off the water supply throughout the day or during busy hours such as mornings and evenings without giving prior notice to the member. When the supply is given, in some cases, it is not enough for a family to go about their routine. Other issues that have been highlighted include water leakage due to improper maintenance and supply of unhygienic water due to lack of water tank maintenance.
Solution: Since societies are equipped with underground water storage tanks, if they refuse to provide adequate water or make unequal distribution, the member can approach the municipality or the co-operative court. The MC should be prompt to fix leaking water pipes and ensure clean water to its residents.
No one party is always to be blamed entirely when any conflict occurs. After all, a housing society is a collaborative endeavor that requires participation from both sides. It is the duty of the members to elect the right representatives who would be willing to resolve problems effectively for the sake of the collective. The committee members, in turn, should perform their duties without expecting any material or intangible privileges. Peaceful dialogue should be the first and foremost choice of both parties involved. Approaching authorities is the final and inevitable option.
Animal lovers know too well the challenges of keeping a dog/pet in a housing society. To ensure that community living is not hampered in any way, there are certain pet rules in a housing society that residents must follow. To start off, the Animal Welfare Board of India has passed certain dog laws to ensure our furry companions are not harassed or treated unfairly. Both pet owners and the management must be aware of laws for pet owners living in apartments. These dog laws and awareness about pet rights help to keep the housing society functions smoothly. This article takes an in-depth look at the pet rules in housing society in India.
Pet laws in India for pet owners living in apartments
1. Ban of pets is illegal
The advisory is being issued in pursuance of ‘Section 9(k) Prevention of Cruelty to Animals Act,1960’, it is illegal for housing societies to pass pet bye laws that disallow pets, not even on a majority vote by the residents of the society. According to article 51 A (g), it is the duty of every citizen to have compassion for animals and any living creature.
2. No discrimination allowed
A housing society cannot ban pets/dogs on the basis of their breed or size. Even complaints regarding a dog’s barking habits cannot be used to ban the pet.
3. Use of common facilities
A housing society cannot ban a pet from using common facilities like lifts and parks or impose a fine or special charge for the same.
4. Cruelty is punishable
Society cannot create dog harassment laws. Any cruelty towards strays is illegal under the ‘Prevention of Cruelty to Animals Act. It is also a punishable offence under .
5. No ban on feeding
No resident can be barred from feeding stray dogs/cats in the locality.
6. Protected animals
Certain animals like bears, monkeys, and parakeets cannot be trained or used for entertainment under the ‘Prevention of Cruelty to Animals Act’. Most rodents and reptiles are also prohibited under this act.
Role of the management committee
In view of these bye-laws for pets, society must take care not to violate rules for pets in society. Society can however still create and enforce rules and regulations of keeping dogs to ensure the welfare of the pets and the residents. The following pet guidelines can be implemented by society to maintain peace.
Pet rules in the housing society
1. Create time slots
Create time slots when the pets can access gardens, parks, and grounds.
2. Keep vaccination records
The management committee can ask for vaccination and sterilization records in case issues arise in the future.
3. Designate defecation spots
Cordon of areas outside the community premises where the pet owners can take their pets. Furthermore, society can advise pet owners to clean up after their dogs inside society as a courtesy.
4. Always accompanied by owners
When out of the house and in the society premises, the apartment association should make sure the pet is accompanied by the owner.
5. Designate feeding spots
If the residents wish to feed strays, earmark feeding spots that are not close to the residential space or children’s play areas.
6. Organise and educate
Educate the residents on animals, especially strays. The management committee can also tie-up with Animal Welfare Organisations to take care of the vaccination and sterilization needs of strays. The strays must be released back into the same locality once the vaccination is administered.
Responsibility of pet owners in the housing society
A responsible pet owner is crucial to peaceful community living. While it is important for the pet owner to be aware of the dog laws that keep them safe, they should also be aware of their responsibilities of keeping a pet as a resident in a community. These suggestions should be kept in mind when using common facilities. The following are the rules for dog owners in India.
1. Train your pet
Ensure you give your pet ample obedience training, so the dog does behave untowardly in common areas or gets provoked when amidst other residents.
2. Familiarize your pet
Society is home to many unfamiliar faces. Make sure your pet knows the surroundings he/she resides in and does not harm a stranger or cause a nuisance.
3. Vaccinate on time
All vaccinations must be administered on a timely basis. For cats, Anti- Rabies and Feligen/TriCat must be renewed every year. Dogs must be vaccinated with Anti-Rabies, DHLPPi, and KC vaccines every year. Medications must be administered in case your pet is suffering from any illness. When your housing society organises vaccination or sterilisation drives for strays, participate and encourage other pet owners to actively take part in the proceedings.
4. Follow the rules of society
Before renting or buying a place, make it a point to go through society by-laws and advisories. Adhere to them to avoid hassling other residents. If your society has dedicated time slots for your pets to access parks and gardens, make sure you stick to them.
5. Clean up after
The main concern that most people have is cleanliness, so make sure your pet is toilet trained. It is advisable for pet owners to clean up after their furry pal, if he/she has an accident inside the society premises, even if it is not required by law. It is also advisable to maintain the hygiene of your pet for their own well-being and so no one is inconvenienced. In case, you feed strays make sure there are no leftovers once the strays have had their fill.
6. Supervise your pet
The main concern that most people have is cleanliness, so make sure your pet is toilet trained. It is advisable for pet owners to clean up after their furry pal, if he/she has an accident inside the society premises, even if it is not required by law. It is also advisable to maintain the hygiene of your pet for their own well-being and so no one is inconvenienced. In case, you feed strays make sure there are no leftovers once the strays have had their fill.
7. Be a responsible pet owner
Make sure your pets get ample exercise, so they are not excessively energetic. If your pet is alone for long hours, make sure she/he has ample food, water, and toys. Make sure they do not create a nuisance in your absence.
What laws govern stray dogs in India?
The Delhi High Court (HC) has emphasised the need to create ‘guard and dog partnerships’ in consultation with the Police to train stray dogs to protect the housing society and not harm its residents as a part of the rules for stray dogs in society. This would be done in order to make sure that residents are safe from any potential harm that could come from these stray dogs.
The court has issued directives to citizens, Resident Welfare Associations (RWAs) and municipal bodies regarding the feeding of stray dogs. The court observed that stray dogs must have access to food and water if there are no community dog feeders in the area. It also stated that the Animal Welfare Board of India (AWBI) and RWAs or the municipality should work closely to create designated feeding spots where humans don’t frequent. This would give the dogs a sense of security as they are territorial in nature.
In addition, the Prevention of Cruelty to Animals Act of 1960, particularly Section 38, provides protection for stray dogs. Dogs cannot be relocated or ejected from their domain in accordance with the Animal Birth Control (Dogs) Rules, 2001. Additionally, the Central Government issued an Office Memorandum in 2006 urging employees to refrain from abusing stray dogs.
However, the Delhi High Court’s judgement was briefly overturned by the Supreme Court in March 2022, largely due to the fact that stray dogs can be fed in housing communities. However, the ban was lifted in May 2022 with the justification that no citizen could be prohibited from providing stray dogs with food or water.
What is the role of an RWA in maintaining a gated society with stray dogs?
RWAs are typically responsible for maintaining the housing society. However, they may often be unaware of how to control stray dogs inside the area. This can be due to the fact that many residents feed them, which ends up increasing the stray dog population within the gated community.
With the approval of the order from HC, RWAs now need to focus on increasing awareness on the subject. RWAs can work on better implementation of Animal Birth Control (ABC) to drive sterilisation with support from AWBI. Also, the latest draft of ABC for 2022 talks about vaccination and the formation of stray monitoring committees within society. Once passed, RWAs will need to undertake activities to ensure the peaceful co-existence of stray dogs and humans.
Our animal companions are an inseparable part of our lives. With a cooperative attitude and thoughtful policies on the part of pet owners, other residents, and management committees, we can ensure the welfare of furry friends and the safety of society.
The modern urban sprawl has been the reason for the growth of tenant-landlord agreements exponentially. In many instances, the tenants are expected to follow a set of unfair rules and pay unnecessary charges not mandated by the law. In other cases, we have seen misuse and even abuse by the tenant of the landlord and society’s trusting instincts, causing a nuisance, disturbing general peace, or carrying out illegal or anti-social activities.
Putting aside such extreme cases, all societies, homeowners and tenants agree upon certain ground rules for all parties to follow during the tenancy period. Let’s take a look at the housing society rules and regulations for tenants and their duties under a rental agreement.
Rights of a tenant ensured by the law
1. A lease agreement: More often than not, a tenant enters into a written and legally binding agreement with the landlord, making him entitled to receive a duplicate copy of the agreement while the owner retains the original.
2. Safe and habitable residence: A tenant should be handed a residence/flat which is clean, secure and well-maintained. If the tenant carries out any repair or restoration during his tenancy, he is expected to be reimbursed by the owner.
3. Payment receipts: The tenant should get an acknowledgement or receipt for the deposit, rent or maintenance (if any) that he has paid. Most apartment owners do not charge the members for maintenance.
4. Privacy: A landlord cannot enter the rented premises as per his whims and fancy. He has to provide a 24-hour notice to the tenant and visit during reasonable hours.
5. Guests and visitors: Tenants have the right to invite guests, family, friends and colleagues over to their apartment. If a family member or some other person not mentioned in the agreement moves in or stays for a longer period, the tenant should inform the landlord if such a requirement was initially agreed upon by both parties.
6. Access to amenities: A tenant has complete access to the societies facilities such as parks, gym, swimming pool, common areas, etc., provided the guidelines for use are duly followed.
7. Lawful actions: The landlord is not allowed to disconnect water, gas or electricity services as a means of recovering pending rent or dues from the tenant. Also, they cannot put unlawful restrictions or rules on the tenants such as unnecessary charges under false pretexts, not allowing pets in the apartment, not allowing entry after certain hours, etc.
8. Parking rights: Ideally, the owner’s parking slot is given to the tenant to park his vehicle. If not, the tenant still has the right to park inside the society premises and may be charged a predetermined amount for the service. He should not be made to park on the streets and should receive a parking badge or sticker as well.
9. Right to service staff: A tenant should be allowed to utilise the services of the society’s service staff such as cleaners, liftmen, watchmen, plumber, electrician, carpenter, etc. They should also be allowed to hire domestic help.
10. Eviction notice: The landlord cannot evict the tenant before the tenancy duration in the lease agreement, unless the member has failed to pay rent, has sub-let the residence to someone else without permission, grossly violated society’s laws, terms of the agreement, conducted himself anti-socially, or if the owner himself needs to occupy the residence. If the owner wants the tenant to move out for a genuine and unavoidable reason on his part, he has to inform the member for at least one month in advance so that they can make the necessary arrangements.
11. Right to deposit: The landlord is required to return the security deposit paid by the tenant while the agreement was signed. The landlord holds back a certain amount for unpaid dues such as gas or light bills or deducts from the deposit the amount needed to repair serious damage or destruction that occurred during the tenancy (minor wear and tear not included), but this is to be done after discussing it in detail with the tenant.
12. Right to file a complaint: If the tenant faces any harassment from the owner and if the terms of the tenancy agreement are violated by the owner, the tenant has the right to file an FIR to the police or approach the Civil Court is more severe cases (after ensuring that the owner is not hiding behind any loophole in the agreement and is illegally violating the terms).
Responsibility and duties of a tenant in a housing society
1. Pay dues on time: A tenant is required to pay his monthly rent, light and gas bill, parking charges, and any other charges agreed upon in a timely manner.
2. Maintain cleanliness: A tenant should take good care of the residence and the society premises, ensuring no damage is caused by him within the apartment/house. If he is responsible for any breakage, such as light fixtures, water heater, etc, he should get it repaired. If something stops functioning by itself or any part of the house is damaged without him having caused it, he should get it repaired and seek reimbursement from the owner.
3. Pay increased rent: At a pre-fixed rate of calculation, the monthly rent increases after the tenant completes one year and wishes to renew his stay. For e.g., in Maharashtra state, the rent increases by 10% of the original rent amount. It is the tenant’s duty to pay the increased rent.
4. Follow the rules: As a conscientious member, you must obtain a copy of the society’s bye-laws or at least familiarise yourself with the society’s membership rules/ code of conduct so as to be in compliance with what is considered acceptable and civilised behaviour in collective living.
5. Refrain from causing nuisance: A tenant should not cause inconvenience and create a nuisance to neighbours by behaving in a disrespectful way, throwing litter in society premises or strewing garbage outside the apartment, encroaching unentitled space, having big parties, blaring music, loud arguments, etc. In other words, no action of the tenant should warrant a complaint from the other residents.
6. Not to sublet: A tenant should not abandon the apartment and go missing for long periods (unless it is discussed and approved by the owner beforehand). He is not allowed to sublet the apartment to someone else illegally as most agreement clauses do not allow this. However, if it has been mutually agreed upon between the tenant and the owner (such cases occur rarely), written permission is needed by the owner.
The role of a housing society
Ideally, the housing society has no say in the homeowner’s decision to sublet his residence as he sees fit. The society is not to intervene or discriminate on the basis of racial, religious, gender or marital status of the tenant. Homeowners, upon a prior understanding with the society, prefer renting out their residence to sound, stable and reliable tenants who are usually well-screened during the initial interview process.