Opening of beauty parlor in residential building complex
Godhuli Apartments Owners Asso
(Querist) 20 November 2015
This query is : Resolved
"GODHULI" Apartment is a Multistoried Building at Kolkata consisting of 31 Residential Flats and three rooms facing frontage of the building on the ground floor(which has been described as "SPACE" for decent use only in their respective Conveyance Deed By the Promoter while seliing them to the current owners.There is an Association registered under Companies Act and all the 34 unit holders are its members and abide by its rules and decisions.The Building has been sanctioned by the Local Municipal Corporation as a Residential Premises.The three "Spaces" have been in use for an office, second one as a school dress tailaring unit, and the third as a Readymade Garment Botique, and the life was going on peacefully without any major issue.
Now the Third "Space" Owner has let out his "Space" to an outsider who is re-modelling the entire 800 sft "Space" day-night and the respective owner has in writing advised the association that there will be UNISEX Spa-Saloon-Beauty Parlor Etc Etc to be operated shortly for which all the unit holders have advised the association not to allow any such commercial activity from the Building as they fear loss of dignity-peace-serenity and are afraid/apprehensive about other immoral activities to start which are very commanly associated with such business.
We seek your advise:
01. Is it legal to carry out such business from a building sanctioned for Residential Purpose?
02. Can Other resident and association intervene and ask the owner not to start such business?
03. What shour other resident/association should do to prevent the commencement of business of such nature?
Need opinion urgently.
Thanks In Advance
ROHIT SHARMA
(Expert) 20 November 2015
1. If the ownership of such free space is of the association or some specific owner then they can take such action notwithstanding that it is a commercial issue since other spaces alike are running such commercial activity. yet, objection can be submitted and even a civil suit seeking stay for operation of such beauty parlor can be obtained.
Rajendra K Goyal
(Expert) 21 November 2015
All bye laws and rules need to be referred, consult local lawyer dealing in such matters.
Anupam Lahiri
(Expert) 22 November 2015
First of all, let it be clear that some form of commercial activity is being carried out in the ground floor apart from the SPA. In this case, how you would stop the business when other business would continue to be there?
You check the bye law of the apartment. If the space belongs to the Association of Apartment Owners, then decide the use of the space by a validly convened meeting of the Associaiton.
If it be owned by any Member, then give notice for improper use of the space, as per the bye law.
Then you may take recourse to civil action.
