Parking, Common Areas, and By-Laws
Are members allowed to use common area for personal storage (e.g. bicycles) or must all space be clear?
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Short Answer
Members are generally not allowed to use common areas for personal storage unless specified otherwise in the cooperative society's by-laws.
Detailed Explanation
Rule 23 of the Gujarat Cooperative Societies Rules, 1965 states that common areas in a cooperative society are meant for common use by all members and should not be encroached upon for personal storage. This rule ensures that common areas remain accessible and usable for all members without hindrance. In practice, this means that members should not use common areas such as corridors, staircases, or parking lots for personal storage like bicycles, furniture, or other items.
In real-world scenarios, if a member is found using common areas for personal storage without authorization, the society's managing committee can take action as per the by-laws. This may involve issuing a notice to remove the items, imposing fines, or even taking legal action if the member does not comply. To address such situations, the managing committee can follow a step-by-step process outlined in the cooperative society's by-laws, which typically includes warnings, penalties, and ultimately, eviction if necessary.
For example, if a member starts storing bicycles in the parking lot, blocking access for other members, the managing committee can first issue a warning asking the member to remove the bicycles. If the member fails to comply, fines can be imposed as per the by-laws. If the issue persists, the committee may take further action to ensure the common area is not misused for personal storage.
Another scenario could involve a member using a common staircase landing to store furniture temporarily. In such cases, the managing committee can intervene, notify the member to remove the furniture, and take necessary steps to prevent future misuse of common areas.
Overall, the prohibition on using common areas for personal storage aims to maintain the functionality and accessibility of shared spaces within cooperative societies, promoting harmonious living among members.
References
Rule 23 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]
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