There are Housing societies in Maharashtra who do not sub-let their flat to bachelors, spinsters, and foreigners. Many times resolutions are passed in General body meeting to restrict its members from sub-letting flat to students, bachelors, spinsters, and foreigners. Such Few restrictions are illegal. Such resolutions even though passed by the General Body do not stand in the Housing society law or Bombay High Court.
Every Indian citizen and non-citizen has a fundamental right under the Indian Constitution to reside anywhere in India except in “Prohibited and Restricted’ area declared by the Indian Government. None of the housing society in Maharashtra under the Maharashtra Cooperative Societies Act comes under the ‘Prohibited and Restricted’ area. Therefore any resolution passed by the General body is invalid which encroaches the fundamental rights of any person. So, no Illegal Restrictions can be Imposed by RWA Society
Every Indian citizen has the right to reside anywhere in the country and discrimination is not allowed based on religion, caste, sex, eating habits, and marital status.
If society decides to debar the tenants with General Body Resolution then such resolutions are not justifiable in the court of Housing society law.
The competent authority can declare such resolutions illegal and can lift such bans.
Few housing societies in Maharashtra discriminate on the grounds of food habits. The society does not allow members to eat non-vegetarian food in their flat. Only vegetarians are allowed to purchase the flat or sublet the flat.
Legally a resident’s welfare association cannot make a rule that members should only consume vegetarian food in society. Every citizen has a fundamental right to choose one’s own food and food habit. Any co-operative housing society cannot frame its own rules against fundamental rights.
Even the General body has no authority to pass a resolution to decide the food preference. At the same time, the housing society has no authority to amend the Bye-law Maharashtra Cooperative Societies Act. A society is formed for the smooth administration of housing society and not to frame rules and regulations against the fundamental rights of any resident.
As per Bye-law, Housing society law, a society cannot restrict activities of members within the flat unless it is illegal. The food habit of members of society cannot be controlled by other members. It is a personal choice of each member whether to eat veg. food or non-veg, food.
Yes, Society can frame rules in respect of discarding of residues of non-veg, to keep the surrounding of the society hygienically clean.