Short Answer

Yes, a society can convert a flat into a utility area and charge extra maintenance to that block.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make alterations in the building for the common good of the members. This means that the society has the authority to convert a flat into a utility area if it benefits the members collectively. In practice, the society needs to follow the procedures outlined in the Act and Rules for such conversions. The society must hold a general body meeting to discuss and approve the conversion, ensuring transparency and consensus among the members.

Furthermore, Rule 67 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the maintenance charges. If the society decides to charge extra maintenance for the converted utility area, it must do so in accordance with the rules and regulations set by the society. The additional maintenance charges should be reasonable and proportionate to the benefits derived by the members using the utility area.

Real-world Scenarios

• Scenario 1: A society decides to convert a vacant flat on the ground floor into a gym for the residents. The society holds a general body meeting, discusses the proposal, and obtains approval from the majority of the members. The society then levies extra maintenance charges on the residents using the gym to cover the maintenance costs of the equipment and space.

• Scenario 2: A society converts a terrace flat into a common recreational area with a garden and seating arrangements. The society follows the procedures laid down in the Act and Rules, obtains necessary approvals, and charges additional maintenance to the residents using the recreational space for its upkeep and maintenance.

• Scenario 3: A society converts a parking area into a car wash facility for the residents. The society ensures that the conversion is done in compliance with the building regulations and obtains the required permissions. The society then imposes extra maintenance charges on the residents availing the car wash services to cover the maintenance costs.

Reference

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

• Rule 67 of the Gujarat Cooperative Societies Rules, 1965: Official PDF