Short Answer

No, flat owners are generally not allowed to sublet furniture or amenities separately and charge rent unless explicitly permitted by the cooperative society's bylaws.

Detailed Explanation

Rule 59 of the Gujarat Cooperative Societies Rules, 1965 governs the utilization of common amenities and facilities in cooperative housing societies. This rule typically prohibits individual flat owners from subletting furniture or amenities separately and charging rent. The primary purpose of this rule is to ensure equitable access to shared resources and prevent commercial exploitation of common facilities. In practice, cooperative societies enforce this rule to maintain harmony among members and prevent disputes over the misuse of common amenities.

For example, if a flat owner decides to sublet the community hall within the society premises for private events and charge a fee without the society's approval, it would violate Rule 59. Such unauthorized subletting can lead to conflicts among residents and may result in legal action by the cooperative society to enforce compliance with the rules.

In scenarios where a flat owner wishes to sublet specific amenities or furniture, they must seek prior approval from the cooperative society's managing committee as per the provisions of the society's bylaws. The committee will evaluate the request based on the societal interests, maintenance of common areas, and adherence to the cooperative society's regulations.

Another aspect to consider is Section 79 of the Gujarat Cooperative Societies Act, 1961, which empowers cooperative societies to make bylaws for the management of the society's affairs. These bylaws may include provisions regarding the subletting of amenities or furniture by flat owners. Therefore, it is essential for flat owners to review the society's bylaws to understand the permissible actions related to subletting within the cooperative housing society.

Reference

• Rule 59 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

• Section 79 of the Gujarat Cooperative Societies Act, 1961: Official PDF