Short Answer

Yes, by-law changes may be required after redevelopment, especially concerning common expense allocation.

Detailed Explanation

Rule 105 of the Gujarat Cooperative Societies Rules, 1965 states that the by-laws of a cooperative society may provide for various matters, including the allocation of common expenses among members. In the context of redevelopment, where the structure of the society may change, it is essential to review and potentially amend the existing by-laws to reflect the new realities and ensure fair allocation of expenses.

In practice, after a redevelopment project, the society may need to reassess how common expenses are allocated among members. This could involve revising the existing by-laws to take into account any changes in the structure of the society, such as the addition of new units or amenities. The goal is to ensure that all members contribute fairly to the maintenance and upkeep of the common areas and facilities.

For example, if a society undergoes redevelopment and adds new amenities like a swimming pool or gym, the by-laws may need to be amended to specify how the expenses for maintaining these facilities will be divided among members. Similarly, if the number of units in the society increases after redevelopment, the by-laws may need to be updated to adjust the allocation of common expenses accordingly.

In practical terms, the process of changing the by-laws typically involves convening a general body meeting of the society, proposing the amendments, and obtaining the necessary approvals from the members as per the provisions of the Gujarat Cooperative Societies Act, 1961 and Rules, 1965. It is crucial to follow the prescribed procedures to ensure the validity of the by-law changes.

Overall, after redevelopment, it is advisable for cooperative societies to review their existing by-laws and make any necessary changes to ensure that common expenses are allocated fairly and transparently among members.

References

• Rule 105 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

• Gujarat Cooperative Societies Act, 1961