Short Answer

Yes, a society can delegate common-area maintenance to a professional management agency.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers a cooperative society to appoint a person or a firm as a managing agent for the society. This means that a society can delegate common-area maintenance responsibilities to a professional management agency. The managing agent can be given various duties related to the maintenance of common areas, including cleaning, security, landscaping, and repairs. The appointment of a managing agent must be done following the procedures laid down in the Act and Rules.

Rule 109 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the appointment of a managing agent by a cooperative society. The rule specifies the qualifications, terms of appointment, duties, and responsibilities of the managing agent. It also outlines the procedure for the appointment, renewal, and termination of the managing agent's contract. By following Rule 109, a society can ensure that the delegation of common-area maintenance to a professional management agency is done in a lawful and transparent manner.

Practical Examples

• XYZ Cooperative Housing Society appoints a professional management agency to take care of the maintenance of its common areas, including the parking lot, garden, and security services. The agency is responsible for ensuring that all common areas are well-maintained and functional.

• ABC Apartment Owners Association hires a firm specializing in facility management to handle the upkeep of its common areas, such as the clubhouse, swimming pool, and common corridors. The firm is tasked with regular maintenance, repairs, and cleanliness of these areas.

• LMN Commercial Complex Cooperative Society engages a professional property management company to manage the maintenance of its common areas, which include the parking garage, elevators, and fire safety systems. The company is responsible for ensuring the smooth operation and upkeep of these facilities.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 109 of the Gujarat Cooperative Societies Rules, 1965: Official PDF