• Dance classes conducted at home owned by me

I conduct dance classes at my home owned by me .now the society suddenly told me I can't have more than 12 students for my dance class ..I m already paying extra 1000 rs for conducting classes for lift usage and all..is this rule valid of not having more than 12 students in a place owned by me.what I can do to solve this prob.
Asked 6 years ago in Labour

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10 Answers

Activities such as dance class, tuition class or service of Chartered Accountant, Doctor, lawyers are confused as commercial activities and this ends in raising complaints against apartment owners in association meeting. A commercial activity involves activity relating to purchase and sale of goods. Business such as profession, service and teaching certain arts are permitted by apartment owners and association. The work done by professionals involves element of service and not an activity relating to purchase and sale of goods.

 

You can call a meeting of apartment owners and convincing them that your business or service is not a commercial activity and ensure that your clients or customers are not a threat to apartment owners and its residents. 

Case Law:

Yoga classes: In the case of Pant Nagar Anandlok CHS Ltd., at Ghatkopar, Mumbai, (Appeal No. 550 of 1985 decided on [deleted] decided by the MSC Appellate Court) 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 judge said, “The professional activity of teaching certain arts would not in itself become commercial even though some charges are levied in giving some performance.”

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Lodge your protest with the society. For this purpose, give them your objections pointing out that this decision should be recalled, as not only it is harsh but it also effects your livelihood.

If your problem is still not solved, file a writ petition in the High Court against your society/RWA 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The society cannot dictate terms as long as what you are doing is legal. The no. Of students can only be determined by you and not by them. If they give notice to you then reply accordingly. If they do not relent then place it before the general body.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Any activities which is done for earing money whether it is Dr. Clinic, grocery shop. Chemist shop or taking dance classes is considered commercial activities and if local authority and society management allowed then you can carry that activity otherwise not. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No they can't take any extra amount from you legally.  Stop paying the same.  They can't stop your classes

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Kindly clarify whether you are staying in said flat ? 

 

If you are not staying in said  flat  but you are using  it for dance   classes  only society can restrain you from using the said flat for dance classes 

 

whether any resolution has been passed by MC restraining you from taking more than 12 students ?

 

whether  any complaint has been made by members regarding your dance classes ?

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1. The society cannot dictate to you how may students you will teach as you have the right to carry on the business.

2. If society creates obstacles in the running of dance classes then you may file a writ petition in the High Court against it.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Actually your problem is that you are conducting commercial activities from the residential apartment so better is to search another accommodation in nearby area where no society exists otherwise talk to the chairman/president of the society after increasing some of the extra money for that as they are fully empowered to pass such orders.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

No such rule but society can make it's own rules. Well, when dance class is permitted and such restrictions is not wanted.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Commercial activities are not allowed in a residential complex by the apartment association mainly because of security concerns. Your neighbors will obviously be annoyed if people keep visiting your house in noisy packs, by parking their vehicles in spaces that are purely meant for residents.

If you’re planning on providing services that are not commercial in nature, like Yoga classes, then you can talk to the managing committee in your apartment association and get the committee’s approval. You can also provide tuition for school or college students, and other services like arts classes, dance classes and painting classes, provided your services do not interrupt the daily lives of your neighbors.

If the society is restricting you to have only 12 students, you may simply nod your head and for the present run it with 12 students alone after that gradually you may increase the number without the knowledge of the society.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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