Airbnb

Querist : Anonymous (Querist) 14 May 2020 This query is : Resolved
can a society stop you from letting out one room in a flat on airBnb

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This discussion explores whether a residents' society can prevent you from letting out a room in your flat on Airbnb. It highlights that lease agreements may contain prohibitions, and societies can object to nuisances caused by such rentals. The conversation also touches upon the definition of Airbnb, the legality of commercial activities in residential societies, and the importance of checking society bye-laws and relevant state government guidelines.

Guest (Expert) 14 May 2020
Property Owners are bound by the Lease Agreement they sign when they purchase the property. and Prohibition of certain type of activities would have been mentioned in it. The Society also could object Airbnb when they find disturbance and nuisance because of it. Discuss in detail in the future AGM of Society Members.

Dr J C Vashista (Expert) 14 May 2020
What do you mean by the term "AirBnb"?
What is type i.e., cooperative, builder, association, commercial, residential or any society where flat is located ?
Generally Bye-Law of a residential societies do not permit commercial activities.
What is your status/ concern / locus standi to the post?

Guest (Expert) 14 May 2020
Airbnb --meaning -- Air beds and breakfast

Guest (Expert) 14 May 2020
Travellers who wishes to stay in residential atmosphere by sharing the residence /flat during their transit for a short time --- the process would be termed as Airbnb... It is almost a Paid Guest.

Guest (Expert) 14 May 2020
Hope it is clear Mr.J.C.Vashista

Guest (Expert) 14 May 2020
Mr.J.C.Vashista Kindly ; Clarify the doubt. You had stated you had obtained many degrees like B.Com Phd Law Degree etc while in Army Service. To Practice as Advocate the Law Degree has to be obtained by attending the Law College Personally . How you were able to obtain a Law Degree while in Army Service as stated / confirmed by your good self in your Profile. Please Confirm the genuineness of your statement please.

Sudhir Kumar, Advocate (Expert) 14 May 2020
read society constitution.

Hemant Agarwal (Expert) 14 May 2020
1. All types of B&B schemes are approved constitutionally under autonomous body called ITDC. Hence it is perfectly legal and is not classified as "commercial activity" of any sort and there is no legal bar to run the same from own Flat /Property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Expert) 14 May 2020
In my understanding, more than the approval of the ITDC, what really matters is the status of the owner of the property as a citizen. It is the basic proposition of the Rule of Law that a bye-law or a condition cannot prevent a citizen from doing what the ordinary allows him to do, unless there is an enactment to that effect by the competent Legislature. The Society is not a law making body and it is not authorised to interfere in the private of affairs of its members, unless so authorised by the Law.

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Rajendra K Goyal (Expert) 14 May 2020
Rules of concerned state apply on such services.
Society may not allow to run such facility by owners as it may affect privacy of other owners / residents.
Requirement for such services are police verification of inhabitants, Form C need to be sent in case of foreign travelers, for multiroom establishment permission from fire department, pollution control board, municipal corporation state tourism department is required.

Raj Kumar Makkad (Expert) 14 May 2020
I do endorse the wise advice of expert P. Venu and thus there is no need to add anything.

Rajendra K Goyal (Expert) 15 May 2020
Whether society has been approached for the permission?

If so, what was the reply?

Has any neighborhood / present society permitted such services to anyone?

Has state Government / state tourist department / district administration issued any guidelines / framed rules in this regard, if yes, what are these rules?

KISHAN DUTT KALASKAR (Expert) 15 May 2020
Dear Sir,
I do endorse the wise advice of expert P. Venu and thus there is no need to add anything.

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