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use of residential premises of a co-operative society for official / professional purposes

(Querist) 10 March 2009 This query is : Resolved 
i own a residential flat in a co-operative society in pune. i would like to state that i hv been using it as an office since the day of possession and the same is the case with many other members right from day 1 of the formation of the society. due to certain ego problems the newly elected managing committee members are trying to levy a penalty on such use of residential premises for official purposes.

i shall appreciate it if u could cite certain caselaws in our favour.

A V Vishal (Expert) 10 March 2009
wITH REGARD TO USE OF YOUR FLAT FOR YOUR OWN OFFICE FOR PROFESSIONAL PURPOSES, I OPINE THAT NO ONE CAN STOP YOU FROM THAT, HOWEVER, INCASE YOU HAVE LET IT TO A THIRD PARTY THEN THE BYELAWS OF THE CO-OPERATIVE SOCIETY HAVE TO BE STUDIED IN DETAIL TO SEE WHETHER THERE IS ANY CLAUSE WHICH PROHIBITS YOU TO LEASE THE FLAT FOR PURPOSE OF RUNNING AN OFFICE TO ANY THIRD PARTY. IF THERE IS SUCH CLAUSE THEN THE SOCIETY WILL BE EMPOWERED TO ASK THE OWNER TO GET THE FLAT VACATED OR MAY IMPOSE SUCH PENALTY AS MAY BE DECIDED BY THE SOCIETY.
sanjeev murthy desai (Expert) 11 March 2009

firstly, completely go through the bulding by laws of owners association, if by laws are permitted to use for office purpose nobady can stop you to running office. Otherwise file a injuction suit against the society for declaring to use for your own purpose.

And also specify what type of office, is it running any commercial purpose, you should be get permission from municipal authorities otherwise it is illegal some cities like pune has zoning regulations in their jurisdiction.

sanjeev desai
M. PIRAVI PERUMAL (Expert) 11 March 2009
I agree with Mr. Sanjeev.
PALNITKAR V.V. (Expert) 11 March 2009
There are some laws as well as by laws operating in various states which prohibit use of residential premises for commercial purpose or non residential purpose. Please check.
Sachin Bhatia (Expert) 01 October 2009
Agreed with Mr. Sanjeev


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