Drafting Society Bylaws Guide

Summary

Societies can impose fees on tenants for amenities, but must treat owners and tenants fairly under the Maharashtra Co-operative Societies Act, 1960. Restrictions on tenant access to amenities should be in lease agreements and bylaws, and must not be discriminatory. Tenants can contest unfair restrictions in court. Key considerations for case management include understanding facts, assessing bylaw legality, evaluating legal arguments, and ensuring realistic client goals. Critical questions for clients include details on amenities, existing agreements, past disputes, rationale for restrictions, and current bylaws.

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List the five critical questions you would ask a client to gather detailed information about their legal issue or transaction.
Here are five critical questions to gather detailed information about Dr. Desai's legal issue:
*. What specific amenities does the society plan to impose fees on for tenants?
*. Are there any existing lease agreements that mention the use of amenities by tenants?
*. Have there been any past disputes or complaints from tenants regarding access to amenities?
*. What is the rationale behind restricting certain amenities for tenants?
*. Are there any current bylaws in place that differentiate between property owners and tenants regarding amenities?
These questions will help assess the legal context and prepare a robust rule book for the society.