Parking, Common Areas, and By-Laws
Can the society limit the number of vehicles per flat in the parking by-laws?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, a society can limit the number of vehicles per flat in the parking by-laws.
Detailed Explanation
Rule 107 of the Gujarat Cooperative Societies Rules, 1965 empowers cooperative housing societies to make by-laws for the management of the society. This includes regulating the use of common areas such as parking spaces. By-laws can specify the number of vehicles each flat owner can park in the society's parking area. This rule ensures orderly parking and prevents overcrowding in the parking spaces.
Furthermore, Section 70 of the Gujarat Cooperative Societies Act, 1961 allows cooperative societies to make by-laws for various purposes, including regulating the use of common areas. By limiting the number of vehicles per flat, societies can ensure fair access to parking spaces for all members and prevent disputes over parking allocation.
In practice, societies can conduct a general body meeting to discuss and pass a resolution on the maximum number of vehicles allowed per flat. This resolution should be documented in the society's by-laws and communicated to all members for compliance. Violation of the parking by-laws can lead to penalties as per the society's rules and regulations.
Practical Examples
XYZ Cooperative Housing Society decides to limit each flat to parking a maximum of two vehicles in the society's parking area. This decision is taken in a general body meeting and incorporated into the society's parking by-laws.
ABC Cooperative Society faces parking congestion issues due to excessive vehicles per flat. To address this, they introduce a by-law restricting each flat to park only one vehicle in the designated parking spaces.
References
Rule 107 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF
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