MHADA-allotted housing society

MHADA-allotted housing society

• Category: Administration
• Date 21-05-2025

MHADA-allotted housing society

In a MHADA-allotted housing society in Maharashtra, if a member has illegally constructed additional floors (Ground + 1 or more) and is using the ground floor for his own residence while renting out the upper floors, several legal and procedural issues arise regarding NOC, maintenance, and penalties. Here's a detailed guide:

1. Nature of the Construction: Legal vs Illegal

MHADA Allotment Terms

• MHADA plots are allotted under specific terms and conditions.

• Any structural addition (like additional floors) without proper MHADA and Municipal Corporation approval is unauthorized and illegal.

• Illegal construction can lead to:

  • Notices from BMC/Thane Municipal Corporation.

  • Action under MRTP Act (Maharashtra Regional and Town Planning Act).

  • Cancellation of allotment in extreme cases.

Implications for Society:

• The Society is responsible for reporting and not allowing unauthorized structures under the Model Bye-laws and co-operative rules.

• Allowing illegal floors may put the entire society at risk during redevelopment or for regularization.

2. Society’s Rights on NOC & Charges

NOC for Renting

• As per Bye-law 43 and 45 of Model Bye-laws 2014, any member who wants to rent premises must get a prior NOC from the society.

• Society can issue a NOC after:

  • Verifying compliance with safety norms.

  • Ensuring no dues are pending.

  • Ensuring tenant police verification is done.

NOC Charges

• Society can charge NOC fees, generally a nominal amount (say ₹100–₹500), as per its own General Body resolution.

• These charges are not regulated by law, but should be reasonable.

3. Charging Additional Maintenance to Tenants

Legal Standpoint:

• Society cannot charge maintenance from tenants directly.

• The member/owner is responsible for paying all society dues.

• Society can charge higher maintenance or “non-occupancy charges” from owners who rent out their flats.

Non-Occupancy Charges:

• Governed by Maharashtra Government circular dated 01-08-2001.

• Maximum allowed non-occupancy charges: 10% of the service charges (excluding property tax, water, etc.).

Example:

Unlawful Charges:

• Society cannot charge per tenant or demand extra amounts arbitrarily.

• Doing so can be challenged before the Deputy Registrar or Consumer Forum.

4. What Society Can Do in Case of Illegal Construction?

1. Issue Notice to the member to regularize or remove unauthorized construction.

2. File a complaint with:

   • MHADA

   • Local Municipal Corporation (BMC/TMC)

   • Deputy Registrar of Co-operative Societies

3. Deny NOC for letting out unless:

   • Construction is regularized

   • Tenants have police verification

4. Keep General Body Resolution to impose additional penalty charges for violating construction norms, if approved.

Recommendations for the Society

• Pass a General Body Resolution:

  • Reiterating that unauthorized structures are not permitted.

  • Empowering the Managing Committee to take legal action.

  • Setting a nominal NOC fee.

  • Charging non-occupancy charges as per the 2001 GR.

• Maintain written communication and documentation with the member.

• Ensure police verification of tenants is submitted regularly.

Summary: