Parking, Common Areas, and By-Laws
Can society insist on uniformity (like uniform grills) for flat exteriors in common view?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, a society can insist on uniformity for flat exteriors in common view.
Detailed Explanation
Rule 157 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to make by-laws regarding the external appearance of flats. This means that the society can enforce rules related to the uniformity of flat exteriors visible to the public. The purpose of such by-laws is to maintain a harmonious and aesthetically pleasing appearance of the society's premises.
In practice, the society can pass a resolution in a general body meeting to introduce a by-law requiring uniform grills or any other external features for flat exteriors. This by-law should be in line with the cooperative society's objectives and should not violate any laws or individual rights. The society can then notify all members about the new by-law and ensure compliance through regular inspections.
For example, if a society decides to mandate uniform grills for all flat balconies, it can do so by amending the existing by-laws after following the due process. This ensures that all members contribute to maintaining the overall look of the society.
Another scenario could be if a member refuses to comply with the uniformity requirement, the society may impose penalties or take legal action as per the Gujarat Cooperative Societies Act, 1961 to enforce compliance and maintain uniformity in the common view of the society's premises.
Overall, the society has the authority to insist on uniformity for flat exteriors in common view through properly enacted by-laws and resolutions.
References
Rule 157 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]
Gujarat Cooperative Societies Act, 1961
Related to Parking, Common Areas, and By-Laws