Expelled from housing society?What about the flat?

An eviction battle unfolded in Maharashtra's Co-Operative Appellate Court, where a housing society attempted to remove a resident due to loud restaurant activities disturbing nearby school children. However, the court intervened, ruling that a housing society lacks the legal authority to evict members. Eviction falls under the purview of the state's Rent Act, not the society's internal decisions.

According to Advocate Amitraj Kaushal, the only recourse for a housing society is to expel a member, a process outlined in Section 35 and Rules 28 and 29, requiring a hearing and a three-fourths majority at a general body meeting, confirmed by the Registrar. The society cannot simply order a resident's property vacated.

Once expelled, a member retains ownership of their property. Membership and property ownership are governed by separate legal provisions, and the loss of one does not automatically lead to loss of the other. Thus, expulsions do not dispossess residents of their homes.

Housing societies can take strong action against members creating persistent disturbances, violations of maintenance fees, or general nuisance, but cannot evict them via a committee resolution. The resident, as a property owner, retains equal rights to other members. The housing society should have clear, strictly enforced bye-laws applicable to all.

Tenants, once renting a house, become property owners with the same rights as other residents. The society can enforce rules concerning occupation, nuisance, common areas, security, commercial activities, etc., through its members or owners. However, it cannot order eviction or forcibly remove a tenant simply due to resident objections. The society's legitimate interest lies in protecting the community from unlawful activities, not acquiring eviction powers.