Can apartments penalise you for hosting guests?

Experts say resident welfare associations (RWAs) cannot make by-laws that discriminate on the basis of gender and marital status, or define who residents can host. However, in the absence of a clear regulatory framework or authority, some associations impose arbitrary fines and penalties.

A recent viral Reddit post claims a bachelor in Bengaluru was fined Rs 5,000 by his housing society for hosting two female guests at night. Multiple users deemed the incident unfair and a breach of privacy, and advised him to seek legal recourse.

‘UK bars discriminatory access’

Advocate Indra Dhanush says such rules fall into a “grey area”. He notes that while housing societies can frame their own by-laws, they cannot enforce rules that curtail an individual’s constitutional privileges. He advises tenants to review the by-laws before signing a rental agreement.

Advocate Mrudula Vanangamudi says RWAs often justify restrictions on overnight guests or strict surveillance as “security” measures, but such rules raise serious privacy concerns. She cites cases where residents opposed compulsory entry-exit tracking, including biometric access. “A client asked, ‘Why should anyone, including one’s spouse, know when one enters or leaves the building?” she says. India lacks comprehensive anti-discrimination protections in housing, unlike the UK’s Equality Act, 2010, which bars discriminatory access, she adds.

Other cases

Such disputes rarely reach court and are usually settled through mediation or legal notices.

Advocate Anubha Srivastava, who handles housing cases, says, “Tenants rarely take legal action because of the costs involved. Many just pay fines to avoid trouble, as landlords can ask them to vacate.”

Recently, when her college-going son visited a friend at an apartment near Nagasandra, the guard took his ID card. “After 9 pm, visitors to bachelor flats weren’t allowed. This wasn’t a written rule, just a practice,” she says.

Dhanush recalls a 2023 case in Jayanagar where a landlord banned all overnight guests, citing water charges and extra usage. “He even demanded higher rent and per-head water charges when friends stayed for group study,” Dhanush says. After mediation, the landlord allowed limited overnight stays — up to two guests at a time, with no more than five people in the flat.

Federation says…

Satish Mallya, president of the Bangalore Apartments Federation (BAF), says most conflicts between residents and associations stem from the absence of a clear regulatory framework. “The Karnataka Apartment Ownership Act, 1972, has never been amended. There is no competent authority for residents or owners to approach when issues arise,” he says.

BAF has been pushing for a “new and modern” apartment law with model by-laws and a formal dispute-resolution system. “A draft is already under consideration,” he adds.

What to do

To contest a fine, Anubha says, the first step is to send a legal notice demanding its withdrawal. For other discriminatory practices, a resident can file a case in the city civil court, or approach the Registrar of Societies.