Short Answer

After 5 years post-possession, building defects may not solely be the society's responsibility.

Detailed Explanation

Section 24 of the Gujarat Cooperative Societies Act, 1961 states that the society is responsible for the maintenance and repair of the building and common areas. However, Rule 68 of the Gujarat Cooperative Societies Rules, 1965 provides a limitation of 5 years for filing complaints regarding structural defects. This means that after 5 years post-possession, the responsibility for building defects may not solely lie with the society.

In practice, if building defects arise after the 5-year period, individual members may have to bear the cost of repairs or renovations. The society may still play a role in facilitating the resolution of disputes or coordinating with members for collective action, but the primary responsibility may shift to the individual members.

Real-world Scenarios

• Scenario 1: A building developed by a cooperative society starts showing structural defects 7 years after possession. In this case, the society may guide the members on how to address the issues, but the financial burden of repairs may fall on the individual owners.

• Scenario 2: Members of a cooperative housing society notice water seepage in their apartments 6 years after taking possession. The society can assist in identifying the source of the problem, but the cost of fixing it may have to be borne by the affected members.

Step-by-step process:

• Identify the nature and extent of the building defects.

• Determine if the defects fall within the 5-year limitation period.

• If the defects are discovered after 5 years, individual members may need to take responsibility for addressing them.

Reference

• Section 24 of the Gujarat Cooperative Societies Act, 1961: [Link to the official PDF]

• Rule 68 of the Gujarat Cooperative Societies Rules, 1965: [Link to the official PDF]