Parking, Common Areas, and By-Laws

Are parking or common-area rules covered under RERA or only cooperative law?

Parking and common-area rules are primarily covered under cooperative law, specifically the Gujarat Cooperative Societies Act, 1961 and Gujarat Cooperative Societies Rules, 1965.

Parking and common-area rules are primarily covered under cooperative law, specifically the Gujarat Cooperative Societies Act, 1961 and Gujarat Cooperative Societies Rules, 1965.

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Short Answer

Parking and common-area rules are primarily covered under cooperative law, specifically the Gujarat Cooperative Societies Act, 1961 and Gujarat Cooperative Societies Rules, 1965.

Detailed Explanation

Section 65 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to make by-laws for various purposes, including regulating the use of common areas like parking spaces. This section allows societies to establish rules regarding parking allocation, usage, and any associated fees. In practice, cooperative societies often draft detailed by-laws specifying the number of parking spaces allotted to each member, visitor parking provisions, penalties for violations, and maintenance responsibilities.

Rule 117 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the management and regulation of common areas within cooperative societies. This rule provides a framework for the maintenance of common areas, including parking lots, and outlines the procedures for resolving disputes related to parking space allocation or usage. Cooperative societies typically rely on this rule to enforce parking regulations and ensure smooth functioning of common areas.

Real-world Scenarios

  • Scenario 1: A cooperative society member repeatedly parks in another member's designated parking space. The aggrieved member can file a complaint with the society's managing committee under Section 65 of the Act for resolution.

  • Scenario 2: A cooperative society introduces a new by-law requiring residents to register their vehicles for parking allocation. Rule 117 of the Rules governs the implementation and enforcement of this new rule.

Reference

  • Gujarat Cooperative Societies Act, 1961: Section 65

  • Gujarat Cooperative Societies Rules, 1965: Rule 117

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