Recently there was a case in the Maharashtra Co-Operative Appellate Court where a housing society passed a resolution to evict a resident because his restaurant was creating noise pollution, and causing disturbances, especially for the school-going children who lived in the society. The court cancelled this eviction order and said that a housing society has no legal ground to evict a member. It can expel a member for not following its bye-laws but eviction comes under the respective state’s rent Act, and in this case, the society had no legal support.
Advocate Amitraj Kaushal, who practices in the Supreme Court of India, explained to ET Wealth Online that if a housing society wants to take action against a member, their only real option is to expel them from membership. This process is quite strict and comes under Section 35 and Rules 28 and 29, and includes a hearing and a three-fourths majority at a general body meeting, and must be confirmed by the Registrar.
