Residential Apartment Flat used for commercial activities

Sir, is there any condition in the flat owner's association rules and regulation that the flats cannot be used for commercial purposes? If there are no guidelines prescribed for which the flat owners agree to, then I think you cannot take any action against the flat owner of the first floor.  

There is no requirement in law that the society bye-laws prohibit commercial activity in a residential apartment. The sanction of the municipality for construction of residential apartment in itself is a condition that no commercial activity can happen in such apartment except the owner can use such flat for his own business or profession. You can complain to the municipal authorities about the same if it is let out to third parties for comercial activity and also get a stay from the court restraining the owner of such flat letting it for commercial activity.

The only thing important is building plan sactioned from municipality,if it is for residential purposes,You have every right of complaining to concerned authorities.Use recorded phone calls, registered AD letters,RTI applications,e-mails etc.and if nothing helps then only use legal course.

yeah..

Agree to Mr. vishal only Society by laws are applicable in this case..and if matter is above all by laws you can move for T.I. and then even if he carry on the commercial activities or any kind of initiatives...
you can proceed for Order 39 Rule 2 A of C.P.C.

Now we 8 Flat owners has filed for getting the injunction against the the ex-landowner who wants to start the commercial activities ( montessory or pre shool of small kids) in ground floor premises. The District Court has passed the Status quo order for both the parties. I have following doubts in my mind

a)  District judge ( Jr. Div) has passed the status quo order on both the parties, instead of providing the clear injunction. Can we fight for the permanent injunction in next hearing which is there after a month.Status Quo order is creating more litigation in our case. Is there is any case law where it has been decided that Judge should avoid giving the Status quo order as it creates more litigation then relief to aggreived.

Though the montessoi school has not started he will show his fabricated records that he is running it for last 4 months. He is taking the admissions issuing the back dated receipts. How we can force him to stop devoiding the court order.

b) He is using the common space to start the play shool or montessori , for which all the flat owners has paid the money . It is going to cause serious threat to our security and peace. How to restrict him from using the common passage to run his business.

c) Can some one run the business of Play shool or montessori in a residential premises as approved by municiplaity sanction plan. What action we can take against him.

d) can we go along with all the 8 owner's family members including Parents , kids, spouse to the court in next hearing, so as to show the judge that so many peolple are in problem because of one of the flat owner, so that we can get the permanent injunction this time.

e) Can we put him in legal trouble and stop him in running his business in some other way as he is using the common passage for which all of us has paid the money as super built up charges.

Your advice will be really helpful.

Pawan

Sir,

Please offer your expert comments on following points :

1) Can a residential Flat be partially used for conducting computer classes with 20 Computers?

2) If yes, then the property tax for the complete Flat should be of commercial rate? or Partially Commercial and partially residential?

3) Is there a guidelines / rule of Cantonment Board giving details of property tax to be charged? Where can I find the guidelines / rule?

4) If the Cantonment Authorities are not agreeing for partial residential rates then what shall I do?

Regards,

Pushkar Naik

email : atc27210007@gmail.com

Hi Everyone,

      I bough a Flat in Residential apartment which is having around 90 Flats, Recently apartment is completely taken over by the association(Registered association) and passed a rule saying that any commercial activity should not allowed in complex.

My mother is a Ladies Tailer and she do the stiching and doing it since from last 15 years. We discussed the same point with the builder also while we are taking the Flat and he agreed to continue the stiching in aprtment also and advised to stick the pamplates for lifts also. Becauss of my mother health problem we appointed a girl to stich the clothes.

We are stiching apartmrnt neighbours cloths only and no body is coming from outside. We did not done any advirtasements or any sort of publicity about this sttiching activity(No pomplates or nothing).  

After searching in the net i observed that commercial definition is selling, buying and production. serive is not come under commercial activity. So Is stiching come under commerrcial eventhpough we not selling, buying and not doing any production?

Can anybody please let me know is it come under commercial activity? association is stopping the lady who is coming to stich? what should i do now? is my work againest to the law???

Regards,

Prasad

is it allowed to have comercial activity  eg. sale ( for two days)  in residential appartment . if not let me know the act and the punishment

Dear Sir,

I have living in Shivtirtha nagar, kalewadi, Pimpri, Pune - 17

My flat no is D25 which is lying on 5th floor. 

But on 6th floor one flat which is just on my top, The flat owner of that flat is working commercial work on his flat. They are doing some metal, iron job work so i am facing continuously sound problem & we are not concentrating on our mind due to this. 

So please tell me is there any rule for this so that i can take action on this, 

I told him almost 4-5 times politely also told society member but still he is working. Society member are alos not helping as they have good relations with that person 

Please help me & suggest what will i do for this. 

my email id is vjadhav@uberall.in