Commercial music classes in apartment flat

Any suggestion depends upon the law under which the apartment is registered.

Just issue them legal notice and you can get an injunction for staying the use of residentail place for commercail activities

One can only use your residential property for commercial purposes if your society management and zoning rules permit you to do so.

The Zoning Law in India, made by the local municipal government or authorities, deals with the usage of property across cities. The law aims to separate residential areas from commercial to protect the residents from the negative impact of commercial activities and, at the same time, facilitate the development of commercial areas. In addition, society management rules also have a role to play in regulating the commercial use of residential properties, where RWA (Resident Welfare Association) or society association's approval should be gained beforehand.

Once a property is marked as commercial, it would be treated as a commercial property for all purposes, including taxation

n Mumbai, if you wish to use a residential property for commercial purposes, you need to obtain a No-Objection Certificate (NOC) from the respective society. You can use up to 220 sq ft in a residential apartment for commercial use. While back office work is usually permitted by the society. Activities which require the use of the property as godowns, warehouses, cold storage, and laboratories are not permitted”, 

A Housing Scociety is not a law making body. Its bye-laws, restricting and/or depriving the residents of their   ordinary rights, could be of  force of law only if the legal provsion under which the Society is registered enables and authorises drawing up such a restrictve bye-law.

Question-wise answer is as under:

Q 1. Is it legal for someone to conduct commercial music classes in our apartment complex, catering to students from outside the premises?

Ans: No, it is illegal.

Q 2 Are there any additional charges imposed by the Karnataka municipal authorities for such activities?

Ans: Seek information from local municipalty using the channel of right to information.

Q 3 If the answer to the above question is affirmative, how can we go about lodging a formal complaint regarding this matter?

Ans: Hypothetical question based on assumptions. Reply to each situation would change according to circumstances at that point of time.

Q 4 Does the registered and self-selected committee have the legal authority to compel residents to bear the expenses for the proposed apartment beautification projects?

Ans: Did you or any other member of the association / society oppose the move ?

No.

Accordingly there is no legal infirmity in getting elected unopposed or on papers only.

Q 5 What actions can we take against the self-appointed committee members who have taken control without a proper society election and have begun utilizing society funds without proper authorization?

Ans: Get a no-confindence motion passed as per rules on the subject and hold fresh elections.

It would be appropriate to contact, consult and engage a local prudent lawyer for professional advise and necessary proceeding.

 

If your complaint is with the housing society then you will have to submit a written complaint with all the details, documentation and proof to the registrar of your area. The registrar will issue a show cause notice to the chairman and secretary. 

• The member should file a written or typed complaint on their State Cooperative Housing Federation online portal. One should outline the dispute or complaint in detail to any office-holder of the society.

In our society in Mumbai one of the members was conducting music classes. Under the law municipal taxes are higher if the premises are used for anything other than residential purposes. The neibhour of the member complained to the Municipality and the Municipality ordered the closure of the classes.  You first complain to the municipality. As you say that the member is influential, the municipality may not act. You may have to file a writ of mandamus in the High Court against the municipality.

Many questions of law are involved in your case such as under which law your association was registered, its bye-laws, election to the managing committee etc. You will have a long fight.