Short Answer

Yes, a society can penalize a member who builds on common area by adjusting their maintenance.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy penalties on members who violate the bylaws or rules of the society. This means that if a member constructs on common areas without authorization, the society can penalize them by adjusting their maintenance charges. In practice, the society would need to follow the due process outlined in the bylaws or rules before imposing any penalties. This may involve issuing notices, conducting hearings, and giving the member an opportunity to explain their actions.

For example, if a member constructs a shed on the terrace of the building without permission, the society can penalize them by increasing their maintenance charges until the unauthorized construction is removed. Another scenario could be if a member encroaches on the parking area to build a structure, the society can penalize them by adjusting their maintenance fees as a deterrent against such unauthorized activities.

The step-by-step process would typically involve the society issuing a notice to the member regarding the unauthorized construction, conducting a hearing to hear the member's explanation, and then deciding on the penalty based on the severity of the violation and the society's bylaws.

Reference

• Section 63 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]