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Liza (housewife)     09 July 2014

Tenant rights

Hi,

We tenants who are staying in a gated apartment in Chennai have a small dispute with the Association people ie: AGM... 

Dispute no:1 -  We the tenants are paying monthly maintenance of Rs 1800.... and the only amenities available in this apartment is the Gym, kids play area and the Aerobics studio.  Now a few of us ladies who are staying in the apartment use thrice in a week , the aerobics hall.. We luckily have a trainer who also stays in the same complex... who is also paying the maintenance fees... Now the dispute is that the AGM is telling us that the trainer has to pay a monthly fee of Rs 1500 because they think that it is a commercial activity.... but how can it be a commercial activity when the trainer is not training anyone from outside the apartment.......  and they are also now telling that we tenants cannot use the aerobic studio.... we can only use the Gym.... My question is ....if we are paying a monthly maintenance fees ..... do we have to pay additional to use the amenities included in the apartment..

Dispute no:2 - My friend who is staying in the same apartment is an Abacus teacher.. she had the permission from her owner to start a tuition in her house.... the owner has no objection.... Now the dispute is that the AGM doesn't want her to conduct classes for children who are coming from outside...  I want to know ..if there is any rule stating that a lady tenant cannot take tuition in her own house.... what right does this Association people have to tell that she cannot take classes in her own house...... she not creating any nuisance for anyone.... Plz help..... 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2014

To point No.1, If the aerobics teacher is indulging in commercial activity by training outsiders in the studio without the permission of the Association, it can be restricted, but the association cannot restrict the inmates of the Apartments (be it a tenant or owner of the apartment) from utilising the available facility,the bye laws cannot forbid a tenant from utilising the facility, it is unconstitutional. The association has no rights to restrict the tenant from utilising the facility especially if the tenants regularly pay the prescribed maintenance charges.

Pont No.2:  A teacher offering tuition in her own house is her own private and personal affair, the association cannot interfere in it until and unless they have received any complaint form any other resident  about any public nuisance n this regard.  The association president or secretary cannot  dictate terms on such issues over the residents in the premises, it is illegal and can be objected. First of all they cannot frame such rules on their own nor the association bye-laws will support their such unjustified acts.  First of all, whether the association is a duly  registered body with the registrar by submitting the memorandum of associations and bye-laws meant for the purpose?, if not, their action need to be condemned and they may be issued with legal notice for their illegal rules.  Contact a local lawyer and issue a legal notice if they do not amend themselves.


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