Commercial Use in Co-Op Housing Society
nirmalspatel@gmail.com
(Querist) 29 April 2011
This query is : Open
I have purchased a ground floor flat in a residential housing society which has 6 buildings (wings). My ground floor flat has separate access and does not have access from the complex compound. When i purchased the flat the builder had said he would convert the same to commercial after i buy. However, my agreement states residential use with private access and no change of user has happened. The builder has taken irrevocable declaration from the members of my wing / building that they will not object to change of user from residential use to commercial use at any time in the future. Now CHS has been registered before i bought the place for all 6 buildings. I have started a play school / day care from the flat and now the society is objecting to this. MY QUESTION:
1. Is play school activity / day care activity permissible from a residential premises without the NOC from society?
2. Is there any supreme court judgement that a premises with a private access and private compound is allowed to carry out day care / play school activity?
3. Is there any other protection that i have under such a scenario?
