Parking, Common Areas, and By-Laws
Can the society ban certain activities in common areas (like playing loud music or smoking)?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, the society can ban certain activities in common areas like playing loud music or smoking.
Detailed Explanation
Rule 157 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to make by-laws for regulating the conduct of members and management of common areas. This means that the society can create rules prohibiting specific activities in common areas to maintain peace and harmony among residents. For instance, the society can pass a by-law prohibiting playing loud music in common areas to prevent disturbance to other members.
Additionally, Section 84 of the Gujarat Cooperative Societies Act, 1961 gives the society the authority to enforce these by-laws and take action against members who violate them. If a member is found smoking in common areas despite a by-law prohibiting it, the society can levy fines or take disciplinary action against the member as per the provisions of the Act.
In a real-world scenario, if a society notices that certain activities like smoking or playing loud music in common areas are causing disputes among members, they can convene a general body meeting to discuss and pass a by-law to address these issues. The by-law should be communicated to all members and strictly enforced to ensure compliance.
Practical Examples
XYZ Society passes a by-law prohibiting smoking in common areas to maintain a healthy environment for all residents. Members are informed through circulars, and violators are fined as per the by-law.
ABC Cooperative Society bans playing loud music in common areas after complaints from residents about noise disturbances. Violators are warned initially and fined for repeated offenses.
References
Rule 157 of the Gujarat Cooperative Societies Rules, 1965
Section 84 of the Gujarat Cooperative Societies Act, 1961
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