Hi experts need your support and help to guide me to fight against dictatorship
we are leaving in andheri and we have 18 member in all we stay on 8th floor my wife is teaching drawing /Art to small kids but society committee has raise objection and in AGM without agenda they discuss the use of lift by small kids and minuted that under the head COMMERCIAL USE OF FLAT :- the misuse including damages to elevators by children attending tuition condected by member and other related issue including parking by parents further it is written after extensive deliberations it was decided that that all the damages in terms of escalated electricity expenses and lift maintenance expense due to use of elevator by children be recovered from the member.further decided to collect on trial basis 10% of the monthly common electricity bill and 20% of the lift repairs and maintenance expenses(other than regular AMC charges) to compensate the damages to society dueto commercial use of the flat by us.
the committee was instructed to intimate the same to the member(that is us) and ensure that the member do not construe this collection fro them as any protected or obligatory rights created in their favor.
we are seeking your legal opinion as all the small kids coming for tuition to learn drawing is of the age group of 4 to 10 years and all are from good family and nobody has damage the lift how the committee can discuses this without agenda of the AGM and in our absence it was decided within few members and because of some few biased and prejudiced age old committee member they have minuted the same to create problem for us in future ?
please advice us in this issue that can anybody take objection for a woman who is giving tuition within our flat to earn her livelihood ? and can a committee pass such resolution which is direct attack on right to do lawful activity ? can society charge such lift expenses or repair maintenance ? as mentioned above?
one more point we would like to highlight that before we came to the society 2 years ago there was old building redeveloped and out of 18 new member 9 were old member and are relative and one member was already running coaching classes to teach french/ Japanese languages and other activity and they even put a banner also within society but nobody has taken objection for that but we are targeted intentionally by few committee member for the reason best known to them so please advise me what should we do and what reply should i give to them i will be highly oblige .
please treat this as most urgent and reply
Thanking you
Bhavesh
