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  • Can a housing society in Mumbai deny owner of flat to host guests from Airbnb?

Can a housing society in Mumbai deny owner of flat to host guests from Airbnb? Are there any legal formalities to be complied?
Asked 3 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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11 Answers

You need society NOC for hosting guests from Airbnb

 

2) society may refuse as residential flat is being used for commercial purposes 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You have to seek phone consultation with any lawyer from this website after making payment for phone consultation 

 

society can refuse to give NOC on grounds Flat is being used for commercial purposes .no police verification is being done of guests staying in your flat 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Airbnb is an online marketplace that connects people who want to rent out their homes with people who are looking for accommodations in specific locales.

Hosting not only opens up your world to new people but also gives you the opportunity to connect with perspectives totally different from yours.

You need to obtain NOC from the housing society for this purpose and also the licence from local civic body/police.

Without permission or license or NOC, if you are are using the house as a vacation rental in violation of the zoning ordinance, then you will be liable for appropriate legal action initiated by the authorities concerned. 

 If you reside in a a society in a city like mumbai, it'd be good if you take a written consent of the Secretary to avoid any useless neighborhood guy bad mouthing you when you start having guests. You can also start first and then let them know but that's entirely up to you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

See, if the by-laws are passed by society and made such a rules than they can deny it otherwise not.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Secondly your mobile number is not viewable on the site it's get deleted automatically, so kindly select call Consultantion service.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The society may impose conditions to permit you to carry on the desired Airbnb activity, if you do not satisfy their conditions imposed as per bylaws of the society,  then they may refuse to provide NOC.

However this will not prevent you to proceed legally against the society seeking relief and remedy through legal forums.

If you want to consult any lawyer on this issue, it is you who have to contact the chosen lawyer and not that any lawyer will contact you, because it will be considered as solicitation and the solicitation is prohibited as per Advocates act.  

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- As per rules of housing society, No commercial use of property in housing society, 

- Other side, A fixed area can be legally used for commercial purpose limited to official use only , i.e. can be used for services by resident advocates, chartered accountants, doctors ,tutorials, dance and yoga classes.

- Further, one can use the flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature, and it should not cause nuisance to other dwellers of the society, but, approvals from the housing society are required.

- Hence, the society have the right to stop you to host guest from Airbnb after kept in mind that the said activity will create nuisance in the society. 

- On refusal, you should give an undertaking to the managing committee of the society, that the said flat will be used for official purposes only, and it will not create any trouble for other members of the society. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Aurbnb is commercial venture. It is not allowed in residential zone. A society can refuse NOC for Airbnb and if it is going on, it can prevent it.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear client it totally depends on the rental agreement or the Memorandum of the society. However generally and owner of a flat can rent there house on air bnb

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

the society can put reasonable terms but it cannot totally deny the member from hosting his house for airbnb guests

if leave and license can be allowed then i see no reason why an airbnb guest cannot be allowed

in both cases the member grants a license to the licensee/guest to use his premises on mutual terms

if the society is denying the permission then you will have escalate the issue with the District Dy. Registrar of Co-operative Societies by writing a complaint letter with copy marked to the society, stating the relevant facts and the unreasonable denial by the society. In my view the society does not have such wide latitude and sweeping powers to deny a member from hosting his house for an airbnb guest, unless that be for valid reasons and in the larger interest of the other members of the society, which larger interest has to be shown and not merely pleaded as an excuse to deny permission. 

you can also call upon the society to show under which bye-laws is it refusing the permission

as regards your follow up, Sir please note that IT IS HIGHLY UNPROFESSIONAL FOR A LAWYER TO CALL A PROSPECTIVE CLIENT AND YOU REQUIRING THE LAWYERS ON THIS FORUM TO CALL YOU AND TALK TO YOU 'PROFESSIONALLY' IS ALSO HIGHLY INAPPROPRIATE! Why would any lawyer give legal information to you for free!!!

You have paid fees to the platform kanoon and not to the lawyers who are registered with it

if you want to discuss your matter further then propriety requires that YOU BOOK A PAID PHONE CONSULTATION AND TAKE AN APPOINTMENT WITH THE LAWYER OF YOUR CHOICE 

So kindly refrain from henceforth asking lawyers to call you 'professionally'. Really not nice and not appreciated

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

No they cant deny. you have right to do the same. you can contact me through kaanoon or linkedin if required

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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