Prohibition On Renting Out Flat To Students By Housing Society Is Illegal, Rules Pune Co-operative Court
Pune 18th July 2023: In a landmark judgement, a co-operative court in Pune has ruled that the prohibition on renting out the flats to students by the housing society is ‘illegal’ and the Maharashtra Co-operative Societies Act does not give permission to ths housing society to decide who will be tenant in its building.
The court ruling came in a case of Swapnil Athmawar Vs Vanraj Cooperative Housing Society. Athmawar had approached the court against a resolution passed in the Annual General Meeting (AGM) in July 2022 in which a decision to prohibit petitioner from renting out a flat to student was taken.
“The resolution No. 8 passed in Annual General Meeting dated 17/07/2020 is prima facie illegal, and the opponent society is not permitted to pass any resolution which is not in consonance with its bye-laws and the existing laws. The opponent society is not permitted to impose reasonable restrictions upon the minority member on the strength of majority,” the court order stated.
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