Short Answer

Yes, a society can restrict a member's access to common facilities for non-payment of dues or defaulting on obligations.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to make by-laws for the management of the society. Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers of the society in this regard. These provisions allow the society to enforce rules related to the use of common facilities and amenities.

In practice, if a member fails to pay maintenance charges or other dues, the society can take action as per the by-laws. This may include restricting access to common areas such as parking lots, clubhouses, or other facilities until the outstanding dues are cleared. Such actions are usually taken after providing due notice and following the procedures outlined in the by-laws.

For example, if a member consistently defaults on maintenance payments, the society can restrict their access to the gym or swimming pool until the dues are settled. Similarly, if a member violates the society's by-laws regarding common area usage, the society can impose restrictions on their access to those facilities.

In real-world scenarios, these provisions help societies maintain financial discipline and ensure that all members contribute their fair share towards the upkeep of common amenities. By enforcing such rules, societies can prevent free-riders and ensure the smooth functioning of shared facilities.

References

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Link

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Link