Classes/tution in registered society
Querist :
Anonymous
(Querist) 13 October 2011
This query is : Resolved
I am living in registered society,My wife takes classes/tution in my flat.Society has slapped a notice on me to pay Rs3000/month as I am using my flat for commercial use.In maharashtra housing co-operative society laws can a non-working woman can take household tution or classes and for that may I pay society maintainance charges for commercial purpose
please guide
Thanks and Regards
Puranik manoj v
Raj Kumar Makkad
(Expert) 13 October 2011
Manoj! Residential premises can be used only for the purpose mentioned in society bye-laws an no commercial activity can be initiated therein without written permission of society so decision of society is justified.
ajay sethi
(Expert) 13 October 2011
i do not agree with mr makaad .
what basis society is charging you 3,000 per month . was decision taken in AGM that you be charged rs 3,000/ ?
if flat is primarily used for residence purposes your wife can conduct home tutions / take classes . it does not amount to commercial purpose
ajay sethi
(Expert) 13 October 2011
Yoga Classes :
In the case of Pant Nagar Anandlok CHS LTD. it was decided that carrying out activities like conducting yoga classes in a residential flat does not constitute breach of bye-laws of a Co-op. Housing Society.
The dispute in question had been field by the Pant Nagar Anandlok Co-op. Hsg. Soc. Ltd. against one of its members and his wife, seeking a declaration that the yoga activities of the member were violative of the bye-laws and were illegal. Further the society claimed in the dispute that this member herself or through her agents or servants be permanently restrained by an order or injunction from, in any manner conducting the yoga classes.
It was stated in the complaint that the society received complaints from its members that because of the yoga classes, there was a lot of harrassment to the neighbours, the members of the society and to the public at large. The society particularly referred to the fact that fashionable ladies and girls and hippy type persons visited the society’s premises, who spoke loudly that caused a lot of annoyance. The sandals, chappals and shoes in the passage cause obstruction for use thereof by the members of the society.
The ailing persons, who could benefit from yoga were sometimes referred to her by doctors. On an average in a day, 30 to 40 persons used to attend the yoga classes which she taught between 7.30 am to 7.30 pm.
).
the Judge, in the case in question, decided that there was no breach of bye-laws or regulations of the society. The Court also directed the Respondent Society to pay Rs. 100/- as costs of the appeal to the appellant.
Shonee Kapoor
(Expert) 13 October 2011
I am not aware of laws of Maharashtra Co-operative society, but I think it is unfair to term home tutions as commercial activity.
By that way, if I exchange money at home, because of some work, it would also be termed as commercial activity.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
