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.”