Short Answer

Yes, a person can hold membership in both a cooperative housing society and a flat owners association simultaneously.

Detailed Explanation

Section 29 of the Gujarat Cooperative Societies Act, 1961 allows a person to be a member of more than one cooperative society. This means that an individual can hold membership in both a cooperative housing society and a flat owners association at the same time. The Act does not impose any restrictions on dual membership as long as the person fulfills the eligibility criteria set by each society.

Furthermore, Rule 21 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for membership in cooperative societies. It states that a person can become a member of a society by fulfilling the conditions specified in the by-laws of the society. Therefore, if both the cooperative housing society and the flat owners association have provisions in their respective by-laws allowing dual membership, an individual can legally hold membership in both organizations.

In practice, this situation commonly arises in housing complexes where there is a cooperative housing society managing the overall affairs of the complex and a flat owners association representing the interests of individual flat owners. As long as the by-laws of both entities permit dual membership, there should be no legal impediment for an individual to be a member of both.

Real-world Scenarios

• Mr. Patel is a resident of a housing complex where there is a cooperative housing society and a flat owners association. He fulfills the membership criteria of both organizations and decides to become a member of both to actively participate in the decision-making processes of the complex.

• Ms. Shah owns a flat in a building governed by a cooperative housing society. She also wants to join the flat owners association formed by the residents to address specific issues related to individual flat owners. Since both entities allow dual membership, she is able to hold membership in both.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 29

• Gujarat Cooperative Societies Rules, 1965: Rule 21