Short Answer

Yes, the society can impose parking fines or tow vehicles parked illegally in common areas.

Detailed Explanation

Rule 166 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to impose fines for violations of the society's by-laws. This means that if the society has a by-law regarding parking in common areas, it can enforce penalties for illegal parking. The process typically involves issuing a notice to the member or resident violating the by-law, specifying the violation and the fine amount. If the violation continues, the society may tow the vehicle at the owner's expense.

Furthermore, Section 123 of the Gujarat Cooperative Societies Act, 1961 provides the society with the authority to make by-laws for the management of the society's affairs. By-laws can include regulations related to parking, common areas, and penalties for violations. Therefore, if the society has a valid by-law in place regarding parking rules and fines, it can take action against members or residents who breach these rules.

Practical Examples

• Scenario 1: A member of the cooperative society repeatedly parks their vehicle in a designated no-parking zone within the society premises. The society issues a warning notice as per Rule 166, but the member continues to violate the by-law. In this case, the society can impose fines and eventually tow the vehicle if the violation persists.

• Scenario 2: The society has a by-law specifying designated parking areas for residents. If a non-resident parks their vehicle in a resident-designated spot, the society can levy fines as per the by-law and take necessary action to ensure compliance.

• Scenario 3: In a situation where a resident's vehicle obstructs emergency access routes or fire hydrants in the common areas, the society can immediately tow the vehicle without prior notice to prevent safety hazards.

Reference

• Rule 166 of the Gujarat Cooperative Societies Rules, 1965

• Section 123 of the Gujarat Cooperative Societies Act, 1961