change of user

Querist : Anonymous (Querist) 24 April 2010 This query is : Resolved
does it amount to change of user if one is using a residential flat as office of a law firm. And can a society pass a resolution in the AGM and increase the non user charges by 10 times just because the place is being used as a law firm.

I would like to know if there are any rulings or citations to this effect.

Thanks and regards.

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Devajyoti Barman (Expert) 24 April 2010
The Rules and Regulation of the Society can provide necessary information in this regard.

Raj Kumar Makkad (Expert) 24 April 2010
If the flats are residential then no commercial activities like running the law firm should be plied therefrom hence the resolution of society meant for retaining the character of the society is justified, however, the ten times rates are wholly against natural justice and unsustainable.

niranjan (Expert) 24 April 2010
If Advocate is using his residential premises as office, it does not amount to commercial use. I think this could also be useful in this case.

G. ARAVINTHAN (Expert) 24 April 2010
I second with Raj Kumar Sir

B K Raghavendra Rao (Expert) 25 April 2010
If the flat owner is using the flat as residence cum office, then there is nothing wrong. If the entire residence is converted into office of law firm without using even a part of it as household, then the society is justified in passing the resolution in accordance with the provisions of bye-laws of the society. Even the quanatum of penalty would be mentioned in the bye-laws.

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