Short Answer

Yes, building by-laws such as balconies can impact common area rights like shared walls in a cooperative society.

Detailed Explanation

Rule 6 of the Gujarat Cooperative Societies Rules, 1965 states that the by-laws of a cooperative society can regulate various aspects including the use and maintenance of common areas. This means that the by-laws can specify the rights and responsibilities of members regarding common areas like shared walls. In practice, if the building by-laws allow for the construction or alteration of balconies that encroach upon shared walls, it can affect the rights of other members who share those walls. For example, if a member constructs a balcony that weakens or damages a shared wall, it can lead to disputes among members regarding repair costs or structural integrity.

Additionally, Section 25 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to settle disputes related to cooperative societies. In scenarios where conflicts arise due to building by-laws impacting common area rights, members can approach the Registrar for resolution. The Registrar may intervene to ensure that the by-laws are followed in a manner that does not unfairly infringe upon the common area rights of other members.

Practical Examples

• Scenario 1: A cooperative society member constructs a balcony that encroaches upon a shared wall without obtaining necessary approvals. Other members raise concerns about potential damage to the wall and demand corrective action.

• Scenario 2: Building by-laws permit the installation of external fixtures on balconies, leading to disputes among members over the structural impact on shared walls and the aesthetic appeal of the building.

• Scenario 3: A member wishes to extend their balcony by breaking down a portion of a shared wall, triggering disagreements within the society regarding the extent of permissible alterations and the impact on common area rights.

References

• Rule 6 of the Gujarat Cooperative Societies Rules, 1965

• Section 25 of the Gujarat Cooperative Societies Act, 1961