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Sublet charges by society what action can we take
05-Jun-2023 (In Property Law)
Our society has recently introduced sublet charges for the owners giving their flats on rents. We tried to challenge this decision in a special GBM but as most of the owners opposing this decision don't reside, we were unable to get enough votes. The charges are biased and we want to understand if this can be challenged legally. As quoted by the MC team, this is legal for Maharashtra govt. but we see there is a 10% cap on such charges in Maharashtra and we don't have such law in Karnataka. Can someone guide if we can proceed with legal action, what would be the course, and fee
From the information I find that your Society is trying to impose additional charges if any owner inducts any tenantin his premises/flat.I feel that in Karnataka there is no law whcih either allows such charges to be collected and hence question of 10% cap on it does not arise.But the Society would be entitled to claim it by introducing it in the Bye-laws which would be law for the Society and as you have said it they have done it by Majority votes in the General body. So you are bound by it. However if you want to challenge it, it could be done better consult competent Advocate practsing on the civil side.
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Adv. Datar Vilas R
Bangalore | 25+ Answers
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Is the apartment complex in Maharashtra or Karnataka? We have to see the bye-laws of your society before advising on this. Please visit our office for a full consultation.
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