Regarding society issue
Stephen
(Querist) 22 June 2017
This query is : Resolved
sir , we are registered CHS in Mumbai one of our member is providing Lodging & Boarding facility under the B&B scheme ie bed & Breakfast on commercial basis he has not taken any NOC from Society nor any intimation to the society any time the guest comes and goes using Lift ,water and other facility etc pl advice can he do so if not under what law or Rule he can be question to stop these activity pl
thanking you
Stephen Ambrose
Hemant Agarwal
(Expert) 23 June 2017
1. Bed & Breakfast (B&B) is a initiative & encouragement of the India Govt (under ITDC) and legally it is not considered as any "commercial activity", for any purposes.
2. B&B person is a Guest of the Flat-Owner and the Society NOC is not required for keeping a temporary Guest or for anything else. It would be a Criminal Offence on part of the Society, to restrain or intimidate the Flat Owner, against conducting the B&B scheme.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Hemant Agarwal
(Expert) 23 June 2017
1. M-20 Bond, under the MCS Act, was "scrapped" by the Maharashtra Govt, in September-2013.
2. Mg.Committee henceforth are not required to execute M-20 Bond, for any purposes.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kishor Mehta
(Expert) 23 June 2017
Sir,
To term B&B as commercial activity depends on the number of guests entertained.
If the number of guests is UNUSUAL it becomes a commercial guest house, which is not permissible in a residential society.
Good luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 23 June 2017
You can be benefited from the advice from experts.
Dr J C Vashista
(Expert) 23 June 2017
I agree with expert Mr. Kishor Mehta but disagree with expert Mr. Hemant Agarwal, who is logically perfect and appealing whereas legally incorrect. B & B policy of the government is applicable to the houses/kothies/bungalows except flats/apartments of cooperative housing societies.
Since B & B is a commercial activity which can not be allowed in a residential society without amendment of its Bye-Laws adopted by the Society, whether it is Maharashtra, Delhi, Gujarat or any other State Cooperative Societies Act/Rule.
M V Gupta
(Expert) 25 June 2017
I agree with the views of Mr. Kishor Mehta and Dr. Vashista. Providing bed and breakfast for consideration and charging for stay in the flat is definitely a commercial activity. Bye law 76 (d) requires a member to use the flat only for the purpose for which it is allotted to him. In this connection attention is invited to Appendix 4 which is undertaking given by member to use the flat only for the purpose for which it is allotted to him. If the member concerned has not taken prior permission to carry on the activity in question the Committee may consider imposing penalty under the bye laws and also direct him to stop the activity forthwith.
Dr J C Vashista
(Expert) 25 June 2017
Thank you Mr. M V Gupta for agreeing with me.
Hemant Agarwal
(Expert) 26 June 2017
AGREE or DISAGREE, APART:
1. Kindly prefer to Re-Read (this time real more S-L-O-W-L-Y), the first para of point no. 2, of my reply. AND "THEN" second para of point no. 2, of my reply. ALSO prefer to read the Govt. B&B rules & approval criteria for Housing Societies, for the same.
2. It is grossly surprising that inviting a Distant relative /Friend (aside to the bye-laws), for a month long (randomly and/or consistently) to stay in a Ownership Flat, would require Society NOC, let alone a "commercial" classification status for such usage.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Stephen
(Querist) 26 June 2017
Dear, Sirs
thx a lot for the opinion , let me state that this person who is providing this facility of B&B is registered with the B&B site and it is confirmed that it running on commercial basis it is also registered with FRRO office considering some unlawful incident take place then the committee office bearer will be questioned about the same and further legal complication can arise am sure there must be way under the law or rule secretary of the committee can raise quary to the person providing the facility ,
thanking you
sincerely yous
stephen
