Redevelopment and Structural Repairs

Can new members (buyers after redevelopment announcement) join the society or vote on it?

New members (buyers after redevelopment announcement) can join the society but may have restrictions on voting rights based on the Gujarat Cooperative Societies Act, 1961 and Rules.

New members (buyers after redevelopment announcement) can join the society but may have restrictions on voting rights based on the Gujarat Cooperative Societies Act, 1961 and Rules.

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Short Answer

New members (buyers after redevelopment announcement) can join the society but may have restrictions on voting rights based on the Gujarat Cooperative Societies Act, 1961 and Rules.

Detailed Explanation

Section 29 of the Gujarat Cooperative Societies Act, 1961 governs the admission of new members to a cooperative society. It states that a person can become a member of a society by acquiring shares and fulfilling other conditions specified in the by-laws. This means that new members, such as buyers in a redevelopment project, can join the society by following the prescribed procedures and acquiring shares as per the society's rules.

However, when it comes to voting rights, Rule 24 of the Gujarat Cooperative Societies Rules, 1965 comes into play. This rule outlines the voting rights of members in a cooperative society. It typically states that each member has one vote, regardless of the number of shares held. In the case of new members who have recently joined the society post-redevelopment announcement, their voting rights may be subject to certain conditions or restrictions as per the society's rules and the terms of the redevelopment agreement.

In practice, new members joining the society after a redevelopment announcement can participate in the affairs of the society and enjoy the benefits of membership. However, their voting rights may be limited or subject to specific conditions based on the society's rules and the terms of the redevelopment agreement. It is essential for both the existing and new members to understand their rights and obligations regarding voting and participation in the society's activities.

Practical Examples

  • Scenario 1: A cooperative housing society announces a redevelopment project, and new buyers purchase units in the redeveloped building. These new buyers can become members of the society by acquiring shares as per the by-laws.

  • Scenario 2: After the completion of the redevelopment project, new members are allowed to participate in general body meetings but may have restricted or conditional voting rights based on the society's rules.

  • Scenario 3: In a cooperative society undergoing structural repairs, new members joining during the repair phase may have limited voting rights until the completion of the repair work.

References

  • Section 29 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

  • Rule 24 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

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