• Tuition classes

Sir, 
i've been taking tuition classes in my apartment complex for the past 16 years (12 years in one flat and currently 4 years in the present flat in the same premises). i am a tenant here and there is no objection from my flat owner. i am not working in any school. a couple of people who hold no posts in the association like secretary etc. are trying their best to ensure that i stop this activity. they tried it once and didnt succeed. one house owner runs a small parcel counter in a room in the basement of this building and pays rent for the same.they tried to stop him as well, but he managed to get 1 year extension till june 2017. another house owner has let out his flat for patients who come to the city for temporary stay (ivf purpose). two sets of patients stay in the same flat. these people also are in their hit list. is there any way i can stop them from dictating terms by taking legal measures. i see trouble brewing and i have to do something to defend myself. this happens to be my livelihood. i am running out of time. please help me out.
Asked 7 years ago in Constitutional Law

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2 Answers

1)if you are staying in the flat association cannot restrain you from taking home tutions

2) it cannot be said you are using flat for commerical purposes

3) if association restrains you from giving home tutions you can take legal proceedings against the association

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Members conducting tuition Classes in their flats in housing societies is quite common feature and the management is really at a loss to handle it properly without creating ill-will with in otherwise harmonious environment.

where a flat Owner seeks prior permission to use the flat for tuition classes it will be extremely difficult to refuse except on the ground that the proposed classes would pose serious threat to security and peace, excessive engagement of the lift which may cause a grave inconvenience to the residents, as also higher running and maintenance expenses of lift, parking problems, where classes are proposed to be run as a professional activity by a member giving on rentals to a commercial organization etc. The managing committee would be well advised to put it up before the members in the general body meeting as the managing committee does not have an express/implied power under any Bye-law to consider such request and decide. The list of powers of the managing committee in Bye-Law No 139, (Model 2001/2009) or 138 (Model 2014) does not contain any power to allow change of the use of any flat not mentioned in the Allotment letter. But the bye law does not seem to confer the power on the managing committee to grant permission.

In any case it may not be legal to run tuition classes on a commercial basis within the flats.

You may have to look for a place outside for conducting the tuition classes before the issue develops into a big problem

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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