Introduction
Living in an apartment society comes with rules—but not all apartment society rules are legal. Many Resident Welfare Associations (RWAs) and housing societies impose arbitrary restrictions on residents regarding guests, pets, rentals, parking, timings, and usage of common areas.
The key question is:
👉 What apartment society rules are legal in India, and which rules violate residents’ rights?
This guide explains legal vs illegal apartment society rules, residents’ rights, applicable laws, and remedies.
What Laws Govern Apartment Society Rules in India?
Apartment society rules are governed by:
State Cooperative Societies Acts
Apartment Ownership Acts
RERA (Real Estate Regulation Act)
Indian Contract Act
Constitutional Rights (Article 14 & 21)
Societies cannot override fundamental rights or statutory laws.
Legal Apartment Society Rules in India
✅ 1. Maintenance Charges
Societies can:
Collect maintenance as per bye-laws
Charge for common facilities
However, charges must be reasonable and transparent.
✅ 2. Use of Common Areas
Societies can regulate:
Clubhouse timings
Swimming pool usage
Gym rules
As long as rules are non-discriminatory.
✅ 3. Noise & Nuisance Control
Rules to prevent:
Loud music
Late-night parties
Public nuisance
are legally valid.
✅ 4. Safety & Security Rules
Societies can enforce:
Visitor entry logs
CCTV surveillance (in common areas only)
Illegal Apartment Society Rules in India
❌ 1. Restrictions on Guests
Societies cannot:
Stop guests from entering
Question personal relationships
Impose curfews on adults
This violates right to privacy.
❌ 2. Ban on Live-in Couples
Banning live-in couples is illegal and unconstitutional.
Courts have clearly held that consenting adults have the right to live together.
❌ 3. No-Pet Rules
Societies cannot ban pets.
Pets are legally allowed
RWAs cannot impose blanket bans
Only reasonable regulations are allowed.
❌ 4. Discrimination Against Tenants
Societies cannot:
Deny facilities to tenants
Impose higher charges
Restrict tenant movement
Tenants have equal rights.
❌ 5. Forcing Specific Vendors
Societies cannot force residents to:
Use only selected maids
Use specific internet/cable providers
This is unfair trade practice.
❌ 6. Arbitrary Parking Rules
Societies cannot:
Reassign allotted parking arbitrarily
Charge illegal parking fees
Parking rights flow from sale deed or allotment.
Can Apartment Societies Impose Fines?
Only if:
Fines are mentioned in bye-laws
Amount is reasonable
Due process is followed
Random penalties are illegal.
Residents’ Legal Rights in Apartment Societies
Residents have the right to:
Equality & non-discrimination
Privacy & dignity
Use of common areas
Peaceful living
Legal remedies against harassment
Legal Remedies Against Illegal Society Rules
✅ 1. Written Representation
Submit a written complaint to the society committee.
✅ 2. Registrar of Cooperative Societies
File a complaint for:
Illegal rules
Abuse of power
✅ 3. Civil Court
Residents can seek:
Injunction
Declaration of illegal rules
Compensation
✅ 4. RERA Complaint
If rules violate builder obligations or ownership rights.
✅ 5. Police Complaint
For harassment, threats, or intimidation.
Why You Should Challenge Illegal Society Rules
Ignoring illegal rules:
Encourages abuse of power
Violates personal liberty
Creates discrimination
Legal awareness ensures safe & lawful community living.
Why Hire a Lawyer for Society Disputes?
A lawyer helps with:
Legal notices
Drafting complaints
Court representation
Protection of resident rights
Conclusion
Apartment societies exist for management—not control. Any rule violating privacy, equality, or statutory law is illegal. Residents have full legal rights to challenge unfair, arbitrary, and unlawful society rules in India.
FAQs
Q1. Can a society ban pets in India?
No, blanket pet bans are illegal.
Q2. Can societies restrict guests or timings?
No, adults have the right to host guests.
Q3. Are live-in couples allowed?
Yes, banning them is illegal.
Q4. Can societies fine residents arbitrarily?
No, only as per bye-laws.