• Using residential property for commercial use

Hi,

We have a residential apartment having ~45 flats in bangalore. We have also registered an association under "THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960" (As residential association). 

Recently one of the flat has been sold and new occupant is planning to set up commerical space inside the same.

Now,

- We have observed some material which are comming in, is to setup a office inside his flat. After talking to one of the member present over there he has informed  - this is for commercial setup.

- The new owner has not informed (to the association) about his intention of setting up office 

- Association has also tried to call him and fixed a meeting to discuss on this. But he is not showing up in the meeting neither he receives a call now.

So,

- Association has decided to send him a Association notice to clarify the intention of flat usage - commerical or resident ? But question is how to send him a notice. As he removes a notice whenever placed on his flat's door.


Is that legal to carry commercial activity inside residential apartment, if its not in interest of other residents ?

What process we should follow to make him stop utilizing a space as commercial ? 

What kind of notices (association & legal) should we send him and how (as he is out of reach) ?

What is right way to stop him at this initial stage itsself ?

What kind of documents we do required to take the stay on that ?

The biggest problem is - he is lawyer and still breaking breach of trust to the association.
Asked 4 months ago in Property Law from Bangalore, Karnataka
Religion: Other
1) lawyer can use part of his residence for office purposes 

2) if any other commercial activity is being carried on complain to muncipal corporation 

3) without permission of association it cannot be used for  commercial purposes 

4) notice to purchaser can be sent by regd post ad at address mentioned in sale deed 

5) you can file suit and obtain injunction restraining use of residence for commercial purposes 

Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
Hi

1) The Association can always send legal notice to the new owner by registered post with acknowledgment due and also paste the notice in the notice board of the association. 

2) It is not legal for any commercial activity to be carried out inside a residential apartment.

3) You can write to the  municipal authorities  and labour commissioner as municipal authorities/labour commissioner cannot give licenses to conduct business in residential area(shops and establishments act, labour license etc)

4) You can also obtain an injunction from civil court( do not be afraid of the lawyer) as the lawyer is not supposed to violate the law. if the lawyer violates the law, then it is a more serious offence. 

5) The Association can disconnect water and electricity to the premises, if the activities of the new owner are contravening the bye laws of the association. 


6) You can also complain to the Bar council of Karnataka if you know the full name of lawyer. A lawyer is shit scared of 2 things. 1) Client who does not pay and 2) the Bar council. Bar council is very strict and the lawyer will be punished with penalties which may also include suspension from practice.

Hope this helps.




What process we should follow to make him stop utilizing a space as commercial ? 

What kind of notices (association & legal) should we send him and how (as he is out of reach) ?

What is right way to stop him at this initial stage itsself ?

What kind of documents we do required to take the stay on that ?

The biggest problem is - he is lawyer and still breaking breach of trust to the association
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
 Association has decided to send him a Association notice to clarify the intention of flat usage - commerical or resident ? But question is how to send him a notice. As he removes a notice whenever placed on his flat's door.

The association should not be toothless on this subject.  they have to decide about this by convening an emergency meeting to discuss about the issues to tackle this situation.





Is that legal to carry commercial activity inside residential apartment, if its not in interest of other residents ?

It is not legal to carry out commercial activity however confirm what type of commercial activity that he plans to function in his residence and take action through the local admin authority.




 What process we should follow to make him stop utilizing a space as commercial ? 

First issue a notice asking him to stop the activities proposed to be carried out in the premise and then move the municipal or corporation authority about this.




What kind of notices (association & legal) should we send him and how (as he is out of reach) ?


Dont keep sending the notices, if he is not available then next step to be adopted.





What is right way to stop him at this initial stage itsself ?

By approaching the local administration authority or court.






What kind of documents we do required to take the stay on that ?

The documentary evidences to prove his commercial activity in the residential place.





The biggest problem is - he is lawyer and still breaking breach of trust to the associatio

The office set up by lawyer shall not be a commercial activity.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
If he is a lawyer or CA then he can set up his office inside the flat regardless of the fact that the bye laws disallow commercial usage of the property, as certain category of professionals like lawyers and doctors can set up their office inside their flats. So do not waste your time in sending him the notice as the law of the land permits him to set up his office inside the flat. 
Ashish Davessar
Advocate, Jaipur
18206 Answers
449 Consultations
5.0 on 5.0
1) you can take it in writing from lawyer that he will maintain harmony in the society 

2) you cannot restrain lawyer from displaying his sign board outside his apartment 

3) lawyers , CA are permitted to use residence for purpose of their office . you cannot restrain such professionals from using part of residence for their office 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
You can obtain such a letter for bringing the flat owner under pressure for any untoward incidence.


Not necessary



It is not your problem if he starts commercial activity in another apartment, confine to your own apartments' interests.  
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
Why should he give you a written undertaking to not to do when the law authorizes him to do it? Be that as it may, the undertaking shall have no enforceability at law. You cannot prevent him from putting his sign board. 
Ashish Davessar
Advocate, Jaipur
18206 Answers
449 Consultations
5.0 on 5.0

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