Short Answer

Yes, a society can impose special maintenance charges on gardens if an owner uses them commercially.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy charges for maintenance, repairs, and other expenses related to common areas. This means that if an owner is using the garden for commercial purposes like a flower business, the society can impose additional maintenance charges to cover the wear and tear caused by such commercial activities. In practice, the society can pass a resolution in a general body meeting to decide on the special maintenance charges for commercial use of common areas.

Furthermore, Rule 134 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the imposition of special maintenance charges. The rule states that the society can levy such charges based on the actual expenses incurred for maintenance and upkeep of the common areas. Therefore, if the commercial use of the garden leads to increased maintenance costs, the society can impose special charges to recover these expenses.

For example, if an owner in a cooperative housing society sets up a flower shop in the garden area, resulting in additional maintenance requirements such as regular cleaning, landscaping, and watering, the society can levy special maintenance charges on that owner to cover these extra costs. Another scenario could be if a tenant of a residential unit starts a nursery business in the society's garden, leading to higher wear and tear on the garden infrastructure, the society can impose special maintenance charges on the tenant for the commercial use of the common area.

In summary, under the Gujarat Cooperative Societies Act and Rules, a society has the authority to impose special maintenance charges on gardens if an owner uses them commercially, such as for a flower business. This ensures that the expenses incurred due to commercial activities in common areas are appropriately covered.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 134 of the Gujarat Cooperative Societies Rules, 1965: Official PDF