By-laws for work from home in an apartment

By-laws are the key spine for a peaceful functioning of an apartment society. Every apartment society has a set of by-laws for various tasks and facilities. One such by-law is the by-law for working from home/making business within your apartment.

What is By-law of an apartment association?

Bye law of an association is a set of rules and regulations which should be followed by the members and residents of an apartment association. By-law explains the powers and responsibilities of the flat owners, rights and duties of residents, role of association and much more. It is mandatory that every housing society has its own By-law. By-laws are made in the first meeting of the association in accordance with the model by-laws which are prescribed under the Act. This is further submitted to the Registrar of Societies.

By-laws for work from home vary depending on the housing styles:

For a residential purpose:

If the building structure is designed for a residential purpose, there cannot be any commercial business carried out. One can work from home online or dispatch their products from home without making the residential building a commercial one. General rules state that a residential unit cannot be used for commercial purposes. In case if a person would like to run a small business from their apartment, they should ensure that they do not interrupt the daily lives of their neighbours. They should also talk to the managing committee of the apartment association and get the committee’s approval. The activity can be carried out if the service provided does not fall under commercial activities.

For a commercial purpose:

A commercial building is wholly designed for a commercial business and this includes office buildings, industrial property, medical centers, hotels, malls, retail stores, shopping centres, farmland, warehouses, garages and so on. This involves activities like purchasing, production and sale of goods and services. General laws state that residential units can be used for commercial use of about 20%.

For a mixed used property:

There are various apartments with the mixed use property concept wherein non-residential activities are carried out in the residential regions. Commercial business in a in residential areas caters and benefits a large number of people and reduces the traffic as well. There are various apartments which have this kind of property and have commercial business like start-up firms, online work from home.

Points to be followed by the members based on the by-laws:

• A residential complex cannot be used as a commercial center as the apartment residents and the association wouldn’t agree with it.
• Most of the activities like yoga class, tuition class, service of chartered accountant, doctor, lawyer and others are mistaken as commercial activities in an apartment. They can be practiced in an apartment without disturbing the resident’s peace.
• One can practice forms of teaching in an apartment.
• If a person is planning to start up a business in his/her apartment, they should seek the permission from the association.
• One can start up an activity in an apartment wherein the residents are benefited from it and it also generates income for the apartment association.
• One should ensure that their business is not hampering another’s freedom and causing a nuisance or threat of the security system.
• One should ensure that their business from home doesn’t affect the external facades of the building or result in any sort of an encroachment of common areas.

• In case an apartment resident uses his residential space for commercial use, he/she should get an approval from the association.
• If a person with a business within the apartment doesn’t abide the bye laws despite a written agreement, the association can approach the higher authority.
• The business owners should ensure that his clients do not use the parking space of the apartment which is meant for others. The association can charge a parking fee for the visitors in order to meet their expenses for their parking management.
• In case there are few commercial spaces in the apartment, the association can regulate and manage them in a manner that no inconvenience is caused to the apartment owners. These spaces should cater to the apartment residents and not to the visitors.
• A resident should not post any advertisement or poster promoting his business in or on the building, except as authorized by the Association.
• In case there are any damages due to the negligence, misuse, or faults on the part of an apartment owner, their customers from the business are wholly responsible for that. The apartment owner will be charged by the association for the repairs and the amount to cover the costs.
• The owner working from home should ensure that the visitors should refrain themselves from any conduct disturbing the privacy and serenity of the other apartment owners or occupants.