Short Answer

Yes, a society can restrict rentals to families only, excluding non-family tenants.

Detailed Explanation

Rule 145 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to make bye-laws regarding the utilization of flats or tenements. This rule allows the society to regulate the occupation and use of the premises by its members. By incorporating a clause in the bye-laws restricting rentals to families only, the society can legally enforce such a provision. This means that the society can prohibit non-family tenants from renting or occupying the premises.

Furthermore, Section 31 of the Gujarat Cooperative Societies Act, 1961 provides the society with the authority to frame bye-laws for various purposes, including the management of the society's affairs. By including a provision in the bye-laws restricting rentals to families, the society is exercising its power under this section to regulate the occupancy of the premises.

In practice, societies often implement such restrictions to maintain a certain standard of living within the premises and to ensure the well-being of the residents. This can help in fostering a sense of community and cohesion among the families residing in the society. Non-compliance with such bye-laws can lead to disciplinary actions by the society against the members or tenants violating the rules.

Real-world Scenarios

• Scenario 1: A cooperative housing society in Gujarat decides to amend its bye-laws to include a clause restricting rentals to families only. This decision is taken to promote a family-friendly environment within the society and to prevent any potential disturbances caused by non-family tenants.

• Scenario 2: A non-family tenant tries to rent a flat in a cooperative society that has a bye-law restricting rentals to families only. The society informs the tenant about the restriction and denies the tenancy based on the existing rule.

Reference

• Rule 145 of the Gujarat Cooperative Societies Rules, 1965

• Section 31 of the Gujarat Cooperative Societies Act, 1961