Short Answer

No, tenants do not have the legal right to form an "association" like owners under the Gujarat Cooperative Societies Act, 1961, Gujarat Cooperative Societies Rules, 1965, or Gujarat RERA Act and Rules.

Detailed Explanation

The Gujarat Cooperative Societies Act, 1961, and its Rules primarily focus on the formation, functioning, and regulation of cooperative societies, which are typically comprised of members who are owners of the property. These laws do not provide for the formation of cooperative societies by tenants.

Section 2(19) of the Gujarat Cooperative Societies Act, 1961 defines a "member" as a person joining in the application for the registration of a cooperative society and includes a tenant in respect of the premises owned by such person. This provision recognizes the rights of tenants within cooperative societies but does not grant them the authority to form an association independently.

Similarly, Rule 3 of the Gujarat Cooperative Societies Rules, 1965 outlines the eligibility criteria for membership in a cooperative society, emphasizing ownership or tenancy rights in the premises. This rule reinforces the distinction between owners and tenants within the cooperative framework.

In practice, tenants residing in properties governed by cooperative societies may have limited decision-making powers compared to owners. While tenants can participate in general body meetings and discussions, the ultimate authority typically rests with the owners who are members of the cooperative society.

Real-world Scenarios

• A group of tenants in a cooperative housing society wishes to collectively address maintenance issues. While they can voice their concerns at meetings, the final decisions regarding maintenance activities would be made by the society's managing committee, comprising property owners.

• Tenants renting commercial spaces within a cooperative market complex may seek to negotiate lease terms collectively. However, the cooperative society's bylaws and regulations would be enforced by the society's management, which is typically composed of property owners.

• In a cooperative residential society, tenants may propose improvements or changes to common areas. These suggestions would need to be approved by the society's general body, where owners hold the majority voting rights.

References

• Gujarat Cooperative Societies Act, 1961: Section 2(19)

• Gujarat Cooperative Societies Rules, 1965: Rule 3