Parking, Common Areas, and By-Laws

Can society build temporary structures (like guard huts) in common areas without member vote?

No, a society cannot build temporary structures like guard huts in common areas without member vote.

No, a society cannot build temporary structures like guard huts in common areas without member vote.

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Short Answer

No, a society cannot build temporary structures like guard huts in common areas without member vote.

Detailed Explanation

Rule 82 of the Gujarat Cooperative Societies Rules, 1965 states that any construction or alteration of a building or structure in a cooperative society's premises requires the prior approval of the general body meeting. This means that any temporary structure like guard huts in common areas also falls under this rule and cannot be built without the consent of the society members. The purpose of this rule is to ensure transparency and democratic decision-making within the society.

In practice, before constructing any temporary structure in common areas, the society must convene a general body meeting and pass a resolution approving the construction. This process involves informing all members about the proposal, discussing the necessity and impact of the structure, and obtaining a majority vote in favor of the construction. Only after receiving the necessary approval can the society proceed with building the temporary structure.

For example, if a society wants to install a guard hut near the entrance of the premises, they must first present the proposal to the members, explain the reasons for the hut, and seek their approval through a formal vote. Without this approval, the society cannot proceed with the construction, ensuring that all members have a say in such decisions.

Another scenario could involve a society planning to set up temporary sheds for storage purposes in the common areas. In this case, the same process of obtaining member approval through a general body meeting would apply, emphasizing the importance of democratic decision-making in cooperative societies.

Overall, Rule 82 of the Gujarat Cooperative Societies Rules, 1965 mandates that any construction or alteration in common areas, including temporary structures like guard huts, requires the consent of the society members through a general body meeting to uphold transparency and democratic principles.

References

  • Rule 82 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

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