Short Answer

Foreign owners are generally not allowed membership and voting rights in Gujarat housing societies.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 governs the eligibility criteria for membership in cooperative societies. This section specifies that only individuals who are residents of Gujarat are eligible for membership in a housing society. Therefore, foreign owners who do not meet the residency requirement are not entitled to become members of Gujarat housing societies.

Furthermore, Rule 27 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the voting rights of members in cooperative societies. According to this rule, only members who fulfill the eligibility criteria laid down in the Act are entitled to exercise their voting rights in the affairs of the society. Since foreign owners are not eligible for membership, they are also not entitled to vote in Gujarat housing societies.

In practice, this means that foreign owners, who are not residents of Gujarat, cannot become members of housing societies in the state. As a result, they are also deprived of the right to participate in the decision-making process through voting on various matters concerning the society.

Real-world Scenarios

• Mr. Smith, a foreign national owning a property in Gujarat, wishes to become a member of a housing society to participate in its activities. However, as per the Gujarat Cooperative Societies Act and Rules, he is ineligible for membership due to his non-resident status.

• Ms. Patel, an Indian citizen residing abroad, owns a flat in a housing society in Gujarat. Despite being an Indian citizen, her non-resident status disqualifies her from becoming a member and exercising voting rights in the society.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 27

• Gujarat Cooperative Societies Rules, 1965: Rule 27