Tenancy, PG, and Use of Premises

Do members have to use flats only as residences, or can by-laws permit certain commercial use?

Members can use flats only as residences unless permitted by the by-laws for specific commercial use.

Members can use flats only as residences unless permitted by the by-laws for specific commercial use.

Written By: GatePal Analyst

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Short Answer

Members can use flats only as residences unless permitted by the by-laws for specific commercial use.

Detailed Explanation

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 states that the by-laws of a cooperative housing society may specify the purposes for which the flats may be used. Generally, cooperative housing societies are meant for residential purposes, and members are expected to use their flats primarily as residences. However, if the by-laws specifically permit certain commercial use, members may engage in such activities within the premises.

In practice, if the by-laws allow for commercial use, members can operate small businesses, professional offices, or other commercial activities from their flats. This provision is beneficial for members who may want to run home-based businesses or small-scale commercial ventures without having to rent separate commercial spaces.

Real-world Scenarios

  • A cooperative housing society's by-laws permit members to conduct tutoring classes from their flats to supplement their income.

  • The by-laws of a society allow members to operate a small boutique or online retail business from their flat, provided it does not disturb other residents.

  • Members are allowed to rent out a portion of their flat for commercial purposes, such as setting up a home office or a small consultancy service.

Reference

  • Rule 56 of the Gujarat Cooperative Societies Rules, 1965

  • Official PDF

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