your wife at liberty to conduct home tutions

2) since you are residing in flat part of house can be used for conducting tutions

3) it is not business as alleged by society members

legally there is no harm in taking home tutions. You don't have to worry. They can't legally stop the same

Legally this is illegal so can't be conducted from residential area.

1. Sir, using residential premises for full fledged coaching classes is illegal. However imparting private tutitions, without any title of coaching class is permissible. 
2. Hence, if no coaching class is registered/formulated/advertised and your​ family is just imparting private tutitions in personal capacity, then it's not legal for your society to prohibit it. 
3. Provided, you don't cause any nuisance or inconvenience to any member, or, the society, and, you or your students don't use the common facility of society like lift, toilet etc. 
4. For further guidance, you need to visit me for exhaustive consultation. I'm based in Navi Mumbai/Mumbai just as you are; so it shouldn't be much difficult for you to pay me a visit. .

Respected sir ...

I had said you earlier the same which I am saying now ...no one in the India not even prime minister can stop you from doing so as this is your fundamental right which is provided by Indian constitution under the chapter of fundamental right and liberty ...if someone stops you then make an complaint to the nearest police station ...they are doing violation of fundamental right and no one in India had such right so move an application bas soon as possible...

Thank you

It not a commercial activities. Neither Supreme Court prohibits such activities.

File a case seeking injunction to all such activities of the association.

Taking home tution in small batches is allowed, your wife can continue the tituion , in case you use any extra amenities then in that case they can only charge extra maintenance.

See the judgement only give lawyer , doctors CA as reference it doesn't categorically include or exclude other professions.

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 cases were filed by the society against one of its members and his wife, seeking a declaration that the yoga activities of the member were violative of the bye-laws and were illegal. It was stated in the complaint that the society received complaints from its members that because of the yoga classes, there was a lot of harassment to the neighbors, the members of the society and to the public at large. The sandals, chappals and shoes in the passage caused obstruction for use thereof by the members of the society.

“The professional activity of teaching certain arts would not in itself become commercial even though some charges are levied in giving some performance.”

Drawing analogy from earlier verdicts, the Judge, in the case in question, decided that there was no breach of bye-laws or regulations of the society. The Court also directed the Respondent Society to pay Rs.100/- as costs of the appeal to the appellant.

You can  complaint to dy registrar in the same. Supreme Court has already clarified it's stand for no restriction for classes and tuition at cooperative societies. 

http://www.redevelopmentofhousingsociety.com/index.php/209-supreme-court-judgment-legal-profession-is-not-a-commercial-activity

1. if the majority user of the premises is for residence, then it cannot be said that the member is using his flat for commercial activity

2. the building would be governed by Maharashtra Ownership of flats act which defines a flat as below:

S.2. [(a-1) "Flat" means a separate and self-contained set of premises used or intended to be used for residence, or office, show-room or shop or godown 3[or for carrying on any industry or business] (and includes a garage), the premises forming part of a building 4[and includes an apartment].

Explanation. - Notwithstanding that provisions is made for sanitary, washing, bathing or other conveniences as common to two or more sets of premises, the premises shall be deemed to be separate and self-contained ;

3. also the committee of society cannot make unilateral decisions so as to assume the position of a private landlord

4. society is run by the concurrence of majority of members who form the general body of society which decides whether a particular course of action is desirable for the society and its effective operations and functioning. The MC executes and implements the resolutions passed in society meeting for which resolutions there are majority votes from members in general body meeting of society

5. in this regard, the following provision of the MCS act is to be noted - 

s. 72 Final authority of society
Subject to the provisions in this Act and the rules, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the by-laws.

1[Where the by-laws of a society so provide, the general meeting shall be attended by delegates appointed by the members, and such meeting shall be deemed to be the meeting of the general body, for the purpose of exercising all the powers of the general body.]

 6. if the particular member is taking care that the activity being carried on by him in his flat does not cause any inconvenience to other members and majority of members have agreed to that activity in a general body meeting by passing a resolution by majority votes, then the member carrying on such activity cannot be stopped

7. also the SC judgment pertains to professionals doing their practice from their homes to which the facts of your case do not apply and thus the society committee cannot use the SC judgment as an excuse to deny you from carrying on home tuitions 

Residential area up to 30% can be used for profession like lawyer, doctor, tuition etc.

Under Bye-law No.174(E)(ii) make complaint against society's secretary to local police station.

Advocates, Chartered Accountants, small time agents like Insurance Agent, share broker, estate agent and tuitions class are allowed in the residential flats, provided such activities do not cause nuisance, annoyance and inconvenience to other members of the society.

Therefore, for asking you to pay additional maintenance charges or asking you to stop taking tuitions in your premises by your Society, make two separate complaints against the society to the Deputy Registrar of Co-operative Societies, under Bye-law No. 174(A)(xxii).

1.  Any type of commercial (to the exception of professional) activity NOT allowed in Residential buildings:

Dr. Devendra M. Surbi V/s. State of Gujarat (AIR 1969 SC 63 6T)

V.Sasidharan V/s Peter and Karunakar (1984) 65 FJR 374 (SC)

Phillipos & Co. Vs. The State of Karnataka C.C. No. 21496 of 1987

WP/2296/2010 civil-OS

WP/2297/2010 civil-OS

Tuition is not a commercial activities. 

Commercial activities are those for which license under shop and establishment act is required. Do not confuse with mixed responses.

File case and obtain injunction from court.

1. You see, case law/authorities are furnished to court during litigation, not to clients. 
2. Regarding response to society, I as a lawyer, am prepared to respond on your behalf by serving a legal notice upon the society. But for that I need to examine the communication which you might have received from your society. 
3. Hence, as already stated, you need to pay a visit to me to carry this forward further. 
4. The bottomline is, the nature of activity, which you have clearly explained in your follow up question, is not in contravention of any statute whatsoever; and hence, your society cannot lawfully prohibit your wife from imparting private tutitions for 3-4 hrs

https://www.livelaw.in/amp/know-the-law/can-an-advocate-run-office-from-a-residential-flat-145401

You will get your answers in the below article. If you still need any clarification contact me through Kaanoon

https://accommodationtimes.com/you-can-use-residential-premises-for-professional-purposes/

you can approch Civil Court or Co-opertive Court as per your State. you should consult good local lawyer, and get stay of AGM order in your favour.  

It is very clear that citing the supreme court judgment the society is objecting to this tuition activities and the members are also vehemently opposing  to this, then the president or secretary cannot do anything about it 

This activity can be continued only if the society permits you to do or you cannot get relief even if you approach court of law for this.

There are good numbers of case laws (Supreme Court/high Court) regarding definition of a commercial activity - relating to a question whether a commercial activity can be conducted at a residential premises - especially in a residential society.Carrying on a profession like Chartered Accountant/Advocate etc.

As per Co-operative Housing Society Bye-Law no commercial activity run in the residential flat.

The professional activity of teaching certain arts would not in itself become commercial even though some charges are levied in giving some performance.”

Use of a residential flat to run tuition 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.

Supreme court

 CIVIL APPEAL NO.6962 of 2005


R.K. Mittal & Ors. ... Appellants

 Versus

State of U.P. & Ors. ... Respondents

 WITH

 CIVIL APPEAL NO.6963 OF 2005

 AND

 CIVL APPEAL NOS.10535 &10536 OF 2011

(Arising out of SLP (C) No.24029 of 2005 and 9150 of 2007)







IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. No. 4 OF 2012 IN CIVIL APPEAL NO. 10535 OF 2011 Chairman & Chief Executive Officer, NOIDA & Anr. � Appellants Versus Mange Ram Sharma (D) through LRs. & Anr. � Respondents And Dr. Anupama Bisaria & Ors. � Applicants ALONG WITH I.A. No. 5 OF 2012 IN CIVIL APPEAL NO.10535 OF 2011 Chairman & Chief Executive Officer, NOIDA & Anr. � Appellants Versus Mange Ram Sharma (D) through LRs. & Anr. � Respondents And Dr. A.C. Bisaria & Ors. � Applicants ALONG WITH I.A. No.6 OF 2012 IN CIVIL APPEAL NO.10535 OF 2011 Chairman & Chief Executive Officer, NOIDA & Anr. � Appellants Versus Mange Ram Sharma (D) through LRs. & Anr. � Respondents And M/s. Shivalik Medical Centre P. Limited through its Director, Dr. Ravi Mohta. & Ors. � Applicants ALONG WITH I.A. No. 48 of 2012 IN CIVIL APPEAL NO. 6962 OF 2005 R.K. Mittal & Ors. � Appellants Versus State of U.P. & Ors. � Respondents And Dr. Birendra Kumar Tripathi & Anr. � Applicants ALONG WITH I.A. No. 50 of 2012 IN CIVIL APPEAL NO. 6962 OF 2005 R.K. Mittal & Ors. � Appellants Versus State of U.P. & Ors. � Respondents And Dr. Rashmi Gupta & Ors. � Applicants ALONG WITH I.A. No. 53 of 2012 IN CIVIL APPEAL NO. 6962 OF 2005 R.K. Mittal & Ors. � Appellants Versus State of U.P. & Ors. � Respondents