Do AGM have the right to ban Tuition to school students at flat in housing society

See, Running of commercial activity in Housing society is  not permitted but as per Apartment or Housing Society Act of a particular State but there are some exceptions to this rule, It is always depend upon Apartment or Housing Society Act of relevent State in which profession or kind or commerical activity is exempted from running into Housing Society. However, you can approch Civil Court or Co-opertive Court as per your State. You should provide some more details such as State from which you belong, so to get proper advice. Meanwhile, you should consult good lawyer, and get stay of AGM order in your favour.  

Sir,

Thanks for your  advise , as expressed  ,  I  am belongs to  Maharashtra (  Maharashtra Bye-Laws applicable to us)

 

I believe  either  you are a bachelor or childless person,  Not  asked your  general view.  If  you don't know the legal stand don't waste the time of others.  This forum is for  issues  related  to law.

Satish ji, I think law in respect of Co-operative Societies is sailent in respect of your case. Take my advice, You continue with what you were doing and let them take action against you. If you have owned property, so as per Maharashtra State Apartment Act you are free to do anything. However, here is in question Housing Society which is Co-operative Society. We don't know their bye laws. So, we are not aware what rights they have. Either you will have to asked for bye-laws of society so to secure your interest or let them take action against you, so that you can defend. As well as you have good case for defence.   

In Maharashtra even General Body resolution is not necessary to ban tution classes. Use of a residential flat to run tution classes or any other activity other than banafide residence is known as 'change of user'. Such change of user requires permission of the Society and permission of the Municipality. At first the Society should give permission and then along with the permission you have to apply to the Municipality for permission. If the Municipality gives permission they will increase the property tax. As the AGM itself has refused permission you cannot run tution classes. It is not necessary to give reason such as use of the lift or any other to refuse permission. Even if a single member complains that is enough to refuse permission.

Sorry,  I am doubtful about your qualification and  profession  and knowledge.  This  is a  legal forum.

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Tution means taking money for what one teaches. If you are staying in the residence where you teach, then one should not say your flat is being used for some. Other purpose. When you own a flat, you also hold share in common area like staircase, lift, parking etc, so no one can ban you from using for what you have paid. I hope disturbance is not only the problem, but some thing else. If you are not taking fees, then you are safe. If you are taking fees and teaching alone to the student, yhen it is not a commercial activity, instead it is self employment. You have right to leave. Just because you bought a flat which is one's baaic need you are not slave to any one. Please see it to that there will be no harm to common property and minimise diisturbance. All the best. You are doing a nation building noble job.