Society committee forcing to stop tuition classes

667 votes

For the management of other societies having a Model 2001, 2009 or 2014 where a flat Owner seeks prior permission to use the flat for tuition classes it will be extremely difficult to refuse except on the ground that the proposed classes would pose serious threat to security and peace, excessive engagement of the lift which may cause a grave inconvenience to the residents, as also higher running and maintenance expenses of lift, parking problems, where classes are proposed to be run as a professional activity by a member giving on rentals to a commercial organization etc. The managing committee would be well advised to put it up before the members in the general body meeting as the managing committee does not have an express/implied power under any Bye-law to consider such request and decide. The list of powers of the managing committee in Bye-Law No 139, (Model 2001/2009) or 138 (Model 2014) does not contain any power to allow change of the use of any flat not mentioned in the Allotment letter. Even the open item of power namely “To consider and decide any other matters provided under the Act, the Rules and the Bye-laws of the Society but not expressly indicated hereinabove.” also does not seem to confer this power on the managing committee.

As per various judgments of karnataka , Delhi and Mumbai high court(s), conducting Home tuition is neither illegal nor a business as long as the following conditions are fulfilled

a) That there is no advertisement soliciting students for home tuitions

and

b) There are not more than 2 teachers teaching students at home

and

c) Total number of students present in the premises during tuition hours does not exceed 15.

and

d) The tuition timings are not more than 28 hours a week.

and

e) The teachers offering home tuition are not government school teachers or teachers from government aided schools.

Supreme court had categorically stated in the case of Pant Nagar Anandlok CHS Ltd., at Ghatkopar, Mumbai, (Appeal No. 550 of 1985 decided on 24-11-1986 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.

Supreme court had also categorically stated that professionals like Doctors, Lawyers, Chartered Accountants are permitted to carry out their profession from residential apartment and that their activity is not to be construed as Business when operated from a residential apartment.

Hope this information is useful.

Advocate Chinnmay S. Shah LawRato

621 votes

You may write a letter to the society explaining your situation. You should impress upon them that instead of stopping tuition activities they should focus on improving the security of the society for example by installing cctv at strategic locations in the society area. Even after that if the society does not agree, then you may make a formal complaint to the Registrar of Co-operative Societies against the decision of the society committee to not allow any tuition activity.

Advocate Dipesh Jain LawRato

625 votes

My Response to your query:
If you are running your classes since long without any disturbance to other society members and only due to your competitors you have to suffer unnecessary in this circumstances you can make written communication to member body of Society they will call meeting upon that. You can make your stand before them.

Also go through society bylaws if no any bar for running classes you can cauntinue with the same.

For consultation you may contact me

Thank you

LawRato LawRato

708 votes

use of the premises is mandatory under the law for which is it is sanctioned by the competent authority, further the Society is govern by the Bye-laws of the society, please refer the same for your issue.

Advocate Dinesh N. Shah LawRato

259 votes

I hope this information will be useful. The tuitions provided by cooperative societies are neither illegal nor considered commercial activities. They cannot legally take action against your tuition center even if they put a board outside of your home. It is illegal to conduct tuition in residential apartments.

Advocate Chikirsha Mohanty LawRato