Short Answer

Members can continue to live in the building during redevelopment under certain conditions.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 allows for the redevelopment of cooperative housing societies. This section empowers the society to undertake redevelopment projects for the benefit of its members. However, the Act does not explicitly mention whether members can continue to reside in the building during the redevelopment process.

Rule 80 of the Gujarat Cooperative Societies Rules, 1965 provides some guidance in this regard. It states that during the reconstruction or repairs of a building, the society may make alternative arrangements for the residence of its members. This implies that members may need to vacate the premises temporarily while the redevelopment work is being carried out.

In practice, the decision regarding whether members can stay in the building during redevelopment is usually determined by the extent of the work involved, safety considerations, and the feasibility of accommodating residents during the construction phase. In cases where the building is structurally unsound or undergoing major structural repairs, it may be advisable for members to temporarily relocate for their safety.

Real-world Scenarios

• Scenario 1: A cooperative housing society decides to undertake a complete redevelopment of its old building to construct a new high-rise apartment complex. In this case, members may need to vacate the premises during the demolition and construction phases due to safety concerns and logistical reasons.

• Scenario 2: If the redevelopment project involves minor repairs or cosmetic changes that do not pose a safety risk to residents, members may be allowed to continue living in the building with minimal disruption.

• Scenario 3: In situations where the society provides temporary accommodation or financial assistance to members who need to relocate during the redevelopment period, it ensures that members are not unduly burdened by the process.

Reference

• Section 63 of the Gujarat Cooperative Societies Act, 1961

• Rule 80 of the Gujarat Cooperative Societies Rules, 1965