Homestay

Hi,

I am running a home stay at New Chandigarh, DLF HYDE PARK which is a 150 acre township (non gated by DLF).
RWA on insistence from 2 of my neighbours (as of now there are 2 houses in my lane) - is objecting to my HOMESTAY saying it creates nuisance in the society.
JLL (a maintainence agency) are property managers for HYDE PARK and they stopped entry of my guests at guard posts for 3-4 times in last 2-3 days.
They say that HOME STAY is commercial activity and not allowed in society.

My Questions
1. Can i not run HOME STAY in a non gated society like DLF HYDE PARK.
2. Can RWA legally closed down my HOME STAY
3. I take my bookings from AIRBNB (a home stay online booking portal which has over 1 lakh registered properties from INDIA only). They deduct 28% GST for every booking which goes to GOVT of India & hence GOVT is earning in crores. If government is getting its taxes through AIRBNB then can our HOME STAY be termed as illegal.
4. Can a Property maintainence agency like JLL stop entry of my guest at there barricades.
5. Is there any kind of case that i can file in court which can restrict anti RWA activities against us. They have threatended us with disconnection of electricity supply & water supply.
6. Is home stay a commercial activity. There are more then 1 lakh home stays in India. Am i not allowed to run a home stay just like lawyers, property consultants etc.
7. I will have to shut down operations in absense of any court intervention. Can i approach court and ask for stay. Even if stay elongates for an year or so - my purpose is solved as i will prefer shifting to another location rather then dealing with idiots.

Asked 4 years ago in Constitutional Law

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6 Answers

You can approach High Court in writ jurisdiction. Seeking interference from RWA. Once a sort of restrain order is obtained from Court the matter can prolong for years. Though home stay is commercial activity, you can obtain a stay challenging the RWA and JLL actions.

Under no circumstances you electricity and water supply can be suspended. That being essential service.

Ravi Shinde

Advocate, Hyderabad

5121 Answers

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Talk to Advocate Ravi Shinde

1) home stay is not commercial activity according to Himachal Pradesh HC

2) however you need RWA

consent to run home stay

3) it can close down your home stay

4) maintenance agency on instructions of RWA can stop entry of your guests

5) electricity and water supply are essential services and cannot be disconnected

6) you can approach court on grounds that it is not commercial activity

Ajay Sethi

Advocate, Mumbai

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Talk to Advocate Ajay Sethi NOW!

1. homestay is similar in concept to that of a bed and breakfast. Guests are either accommodated in the family home, or in separate quarters nearby. Nowadays, most homestays provide their guests with just as much comfort as a reputable hotel.

Thus it can be considered as a commercial activity, however it would be advisable that you obtain permission from the dissociation to let out your flat for this purpose.

2. This is not similar to letting out the flat on rent for which you need not obtain permission from the RWA, since it attracts commercial activity and the jealousy of the neighbors, you may better obtain permission in writing.

3. You cannot justify your action by quoting such issues of profits to government, you may have to follow the due process of law in this regard in order to be safe and secure on your proposed activity.

4. If they have been appointed by the RWA and have been authorised to maintain the entire complex, they may but they do not have any authority to stop entry of anyone other than the residents on their one without being instructed to do so.

5. The RWA cannot disconnect the services meant for basic amenities, you can obtain a stay order agaisnt their threats provided they give it in writing, you first tender an application seeking their permission to allow you to let out your property for homestay purpose.

6. You cannot take shelter under this concept until and unless you have not followed the due process of law for running this activity in a residential area.

7. You cannot be stopped by anyone to take any such decision which you consider to be beneficial to you.

T Kalaiselvan

Advocate, Vellore

89957 Answers

2490 Consultations

Talk to Advocate T Kalaiselvan

1. Homestay is a popular form of hospitality and lodging , and need permission of the society to run the same

2. Yes, the society can take action as per rule of the society but it not come under commercial business ,

3. Payment of taxes to government is a separate topics , and permission of the society is required .

4. You can lodge a compliant before the management of society ,, as society cannot stop any guest of any member

5. Legally society having no power to cut the electricity or water supply without getting a court direction

- You can lodge your complaint before the registrar of the societies.

6. No,

7. Yes, you can file an Injunction suit to restrain the society from stopping the guest .

Mohammed Shahzad

Advocate, Delhi

15799 Answers

242 Consultations

Talk to Advocate Mohammed Shahzad

1. You can without creating nuisance to neighborhood.

2. No

3. It's not illegal

4. No

5. You can file a police complaint if they restrict entry and disconnect electricity or water.

6 In residential area some commercial activities are allowed.

7. Yes.

If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak

Advocate, Mumbai

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Talk to Advocate Prashant Nayak

Dear Client,

It is important to know if there has been an agreement between you and the DLF Hyde Park authorities in this regard.

Accepting bookings on AIRBNB is not illegal since it is just a platform for such booking.

Rural homestays do not come under the criterion of commercial activity.

You may please approach the Court and plea for a stay.

Thank you.

Anik Miu

Advocate, Bangalore

11006 Answers

125 Consultations

Talk to Advocate Anik Miu

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