Mumbai Housing Societies Can't Interview Flat Buyers

A recent query from a Mumbai resident has highlighted the issue of housing societies interviewing potential flat buyers.

The question was raised by Anupa Sheth from Bhandup, who was informed by her society's secretary that they would interview the buyer before deciding on her request for a No Objection Certificate (NOC) and No Dues Certificate.

However, according to the Maharashtra Co-operative Societies (MCS) Act and the Housing Society Bye-laws, the Managing Committee has no legal authority to interview, screen, or profile a prospective buyer.

In fact, a flat owner does not even need an NOC from the society to sell their flat.

The MCS Act and the society's Bye Laws do not give the Committee the right to vet a buyer based on an interview.

They cannot judge a buyer's lifestyle, religion, food habits, or background.

According to Model Bye-law No. 38, a flat owner only needs to give the Society a 15-day written notice before selling.

The Society can only raise an objection if the seller has unpaid maintenance dues or if there is an ongoing legal dispute over the flat.

They cannot reject a buyer based on personal preferences.

In a separate query, Dhimant Saini from Borivali asked about the limit of expenditure that can be incurred by the Managing Committee on maintenance and repairs.

The answer is that the limit depends on the number of members in the society, with different limits for societies with up to 25 members, 26-50 members, 51-100 members, 101-1000 members, and 1001 or more members.

The limits are specified in Rule 106C-13(5) of the recently amended MCS Rules.

The Bye Laws provide for lower limits, but the Rules will prevail over the Bye Laws as they become applicable to all societies once notified.

It is essential for housing society members to be aware of their rights and the rules that govern the society's operations.

This knowledge can help prevent misunderstandings and ensure that the society is run in a fair and transparent manner.

In the case of Anupa Sheth, she can write a polite but firm letter or email to the Secretary, asking them to give her the exact Bye-law number or section of the MCS Act that supports their decision to interview the buyer.

This can help resolve the issue and prevent similar situations from arising in the future.

The rules and regulations governing housing societies in Mumbai are in place to protect the rights of members and ensure that the society is run smoothly.

It is crucial for members to be aware of these rules and to seek clarification if they are unsure about any aspect of the society's operations.

By doing so, they can help maintain a harmonious and well-functioning community.