Many housing society members temporarily allow close family members to stay in their flats for study, medical, or work-related reasons. In this case, a grandfather wishes to permit his granddaughter to occupy the flat for two years while she pursues her education in Mumbai. The common concern is whether the society can levy non-occupancy charges and what formalities must be completed.
Do You Need Society’s Permission?
Under the Maharashtra Cooperative Housing Society bye laws, a member does not need prior permission from the society to sublet or give the flat on leave and license. This rule also applies when the flat is given to close family members for temporary occupation.
However, the member must complete one mandatory formality:
-
Give written intimation to the society at least eight days before the flat is occupied by the relative or licensee.
This intimation helps the society maintain accurate records of occupants and ensure security compliance.
Non-Occupancy Charges: Are They Applicable?
Non-occupancy charges are traditionally levied when a flat is rented out to non-family members.
But in your case, since the flat is being occupied by a direct family member, the society cannot charge non-occupancy fees.
The definition of family under the bye laws includes:
-
Husband
-
Wife
-
Father
-
Mother
-
Son
-
Daughter
-
Brother
-
Sister
-
Son-in-law
-
Daughter-in-law
-
Brother-in-law
-
Sister-in-law
-
Grandson
-
Granddaughter
Since your granddaughter falls under this category, non-occupancy charges are not applicable.
Compliances You Must Follow
Even though this is a family occupancy, some compliances ensure transparency and smooth dealings with the society:
1. Written Intimation (Mandatory)
Submit a simple letter stating that your granddaughter will be staying in the flat for two years for educational purposes. This should be done eight days prior to her moving in.
2. Provide Basic Details
Include the following information:
-
Granddaughter’s name
-
Relationship with you
-
Duration of stay
-
Purpose of stay
-
Contact number (optional but helpful)
3. Police Verification (Recommended but Not Mandatory)
While leave-and-license arrangements normally require police verification, in family occupancy cases, it is not compulsory. However, some societies request it as a precaution. You may check with your managing committee for clarity.
4. Maintain Updated Records
Keep a copy of your intimation letter, acknowledgment from the society, and any communication exchanged. This ensures clarity if disputes arise later.
5. Continue to Pay Maintenance Charges Promptly
There is no change in your regular maintenance liability. Only non-occupancy charges are exempted.
Duration of Stay
There is no restriction in the bye laws on the duration of temporary family occupancy. Your granddaughter may stay for the required two-year period without any special permission.
Conclusion
You are fully within your rights to allow your granddaughter to stay in your flat for two years. Non-occupancy charges cannot be levied because she qualifies as a family member under the bye laws. The only mandatory compliance is notifying the society eight days before her stay begins. Following these simple steps ensures smooth functioning and avoids unnecessary disputes with the managing committee.
