Parking, Common Areas, and By-Laws
Are there tax or government regulations on commercial use of common property (like renting club)?
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Short Answer
Yes, there are regulations governing the commercial use of common property in cooperative societies.
Detailed Explanation
Rule 77 of the Gujarat Cooperative Societies Rules, 1965 addresses the issue of commercial use of common property within cooperative societies. This rule states that any commercial use of common property, such as renting out a club or any other common area for commercial purposes, must be approved by the society's general body meeting. The society can levy charges or rent for such commercial use as decided by the general body.
In practice, this means that any member or entity wishing to use common property for commercial purposes must seek permission from the society's general body. The society will determine the terms and conditions, including any charges or rent to be paid for such usage. This rule ensures that the interests of all members are safeguarded and that any commercial activities on common property are conducted in a transparent and regulated manner.
For example, if a cooperative society has a clubhouse that members wish to rent out for events or functions, they would need to propose this during a general body meeting. The society will then decide on the rental charges, duration of use, and any other relevant conditions before granting permission.
Another scenario could involve a member wanting to set up a small commercial establishment in a common area of the society. In this case, they would need to follow the procedure outlined in Rule 77, seek approval from the general body, and comply with the terms set by the society.
Overall, Rule 77 of the Gujarat Cooperative Societies Rules, 1965 ensures that any commercial use of common property within cooperative societies is regulated and approved by the society's members, thereby maintaining harmony and fairness among all stakeholders.
References
Rule 77 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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