Sir in my society my tuition kid’s r not allowed to use lift my classes r on 5th floor there r kids who r not going to school they enjoy coming for classes till10 the std I take classes I am the owner of the flat pls suggest Mr some information pls sir
I C Naik
Flat user is regulated under MOFA -[Maharashtra ownership of flats (regulation of the promotion of construction, sale, management and transfer) act, 1963] along with provisions of registered bye laws of the concerned housing society. As a matter of history no residents likes disturbance of non-residents and that too if it is for a commercial activities carried out by a few members for their own gains.
Flat is defined as under.
- As per Bye Law No 3(vi) :
‘Flat’ means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment;
- Section 2(a1) of MOFA defines flat as under:
“Flat” means a separate and self-contained set of premises used or intended to be used for residence, or office, show-room or shop or godown for carrying on any industry or business] (and includes a garage), the premises forming part of a building [and includes an apartment].
The builder submits building plan for approval of Municipality. This is governed by the DCR (Development Control Rules) and user of the flat is to be declared by the builder as per MOFA.
After that registered bye laws require that flat is used by the allot tee as per the user specified in the flat allotment letter and any change there in requires prior approval of the Committee of the Committee.
If Tuition classes are permitted as per building’s approved plan then only the Committee can approve member’s application for change.
In the form of allotment letter has a clause as under
“ The Flat/ Bungalow allotted to you shall be used only for the purposes mentioned below. (State here the purpose* for which the flat / plot in question allotted/ is deemed to have been allotted.)”
So all in all the Committee is in a dictating position and if at all your persuasion on humanitarian grounds may yield results. In law Commercial activities in a residential building are not permissible.