Short Answer

Yes, the society can object to short-term rentals like vacation rentals or PGs in residential flats.

Detailed Explanation

Rule 134 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to regulate the use of premises by its members. This rule allows the society to frame by-laws regarding the use of flats, including restrictions on renting them out for short-term purposes. Societies often include clauses in their by-laws prohibiting members from engaging in commercial activities like vacation rentals or running PG accommodations in residential flats.

Furthermore, Section 73 of the Gujarat Cooperative Societies Act, 1961 provides the society with the authority to take action against members who violate the society's by-laws. If a member is found renting out their flat for short-term purposes against the society's regulations, the society can issue a notice to the member to cease such activities. Failure to comply with the society's directives can lead to penalties or even eviction as per the provisions of the Act.

In practice, societies may form a sub-committee to investigate complaints regarding unauthorized short-term rentals in residential flats. The sub-committee can conduct inquiries, gather evidence, and present its findings to the society's managing committee for appropriate action. The society may also engage legal counsel to ensure compliance with the Act and Rules while dealing with such violations.

Practical Examples

• Scenario 1: A society discovers that a member is renting out their flat on a popular vacation rental platform without obtaining prior approval. The society can invoke Rule 134 and issue a notice to the member to stop the unauthorized rental activity.

• Scenario 2: A member converts their residential flat into a PG accommodation without seeking permission from the society. The society can rely on Section 73 of the Act to take disciplinary action against the member, including imposing fines or initiating eviction proceedings.

• Scenario 3: Multiple complaints are received by the society regarding disturbances caused by short-term renters in residential flats. The society can enforce its by-laws to maintain the peaceful residential environment and protect the interests of other members.

References

• Rule 134 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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