Short Answer

No, individual members cannot modify their portion of a common flat structure without the consent of the cooperative society.

Detailed Explanation

Section 61 of the Gujarat Cooperative Societies Act, 1961 states that no member of a cooperative society can make any alterations or additions to his flat without the prior written consent of the society. This means that any modification to the common areas or structures of a cooperative society, including painting the exterior of a common flat structure, requires approval from the society.

Rule 64 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on this by specifying that any structural changes or modifications to the common areas must be approved by the society in a general meeting. This rule ensures that all members have a say in decisions that affect the common areas of the society.

In practice, this provision helps maintain uniformity and harmony in the appearance of the cooperative society's buildings. Allowing individual members to modify their portions independently could lead to aesthetic inconsistencies and potential disputes among members.

For example, if a member decides to paint the exterior of their flat a different color without approval, it could clash with the overall look of the building and impact the aesthetic appeal of the society. This could lead to disagreements among members and affect the overall value of the property.

In real-world scenarios, cooperative societies often have by-laws in place that outline the procedures for seeking approval for modifications to common areas. Members are required to submit proposals for any changes they wish to make, and these proposals are reviewed and approved by the society's governing body.

Overall, the cooperative society's rules and regulations regarding modifications to common areas are designed to ensure that the interests of all members are protected and that the overall aesthetics and functionality of the society are maintained.

References

• Section 61 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 64 of the Gujarat Cooperative Societies Rules, 1965: Official PDF