Ahmedabad: In a ruling that highlights the tension between cooperative housing societies’ rules and an individual’s right to rent out property, the Board of Nominees under the Registrar of Cooperatives, Ahmedabad, has stayed a housing society’s resolution restricting members from renting flats to bachelors and unmarried persons.The dispute involves Deepika Dhadhal, a Vadodara resident, and Shakti Cooperative Housing Society Ltd in Thaltej, Ahmedabad. Dhadhal owns a flat in the society and has rented it out to individuals.On July 15, 2025, society convened a general meeting and passed a resolution restricting members from renting their flats to bachelors, unmarried persons and other categories of occupants not approved by the society. The society subsequently issued three notices to Dhadhal, warning that it could take action against her if she failed to comply with the restrictions.Dhadhal challenged the resolution before Board of Nominees. Her counsel argued that the society’s move was contrary to law as well as its own bye-laws. As a member and flat owner, she was entitled to rent out her premises in accordance with applicable legal requirements, and the society could not impose a blanket prohibition through an AGM resolution, particularly when it conflicted with the procedure and protections under its bye-laws. They sought an interim stay on the resolution.The society opposed the plea, claiming that Dhadhal’s flat was being used as a paying guest facility, contrary to the collective decision of its members. Her lawyers rebutted this, submitting that it was not a PG facility and that the occupants were staying under a valid leave and licence agreement.After hearing both sides, the Board held that the petitioner had made out a prima facie case and that denial of interim protection could cause irreparable loss to the flat owner, which could not be adequately compensated in monetary terms. The Board also recorded that the society had not properly complied with its bye-laws and that the material on record prima facie suggested harassment of the petitioner through repeated enforcement notices.Granting interim relief, the Board restrained the society and its managing committee members from taking any coercive, restrictive, punitive or disciplinary action against Dhadhal, her tenants or licensees until final disposal of the dispute. It also stayed the July 15, 2025 resolution to the extent that it imposed restrictions on bachelors and unmarried persons.
