Short Answer

Parking spaces in cooperative societies can be owned by members individually or may be considered part of common property, depending on the by-laws of the society.

Detailed Explanation

Rule 45 of the Gujarat Cooperative Societies Rules, 1965 states that the by-laws of the society shall specify the rights and obligations of members in relation to the common areas and facilities. This means that the ownership of parking spaces can be determined by the by-laws of the society. In practice, if the by-laws specifically allocate parking spaces to individual members, then those spaces are considered owned by the respective members. On the other hand, if the by-laws designate parking spaces as common property, then they are shared by all members.

For example, if the society's by-laws mention that each member is entitled to one designated parking space, then those spaces are owned by the individual members. Conversely, if the by-laws state that parking spaces are for common use and not allocated to specific members, then they are considered part of the common property.

In real-world scenarios, disputes may arise regarding parking spaces if the by-laws are unclear or if there is a lack of proper enforcement. It is essential for cooperative societies to have well-defined by-laws regarding parking spaces to avoid conflicts among members.

Another crucial aspect is the enforcement of these provisions. If a member is found to be violating the parking rules specified in the by-laws, the society may take disciplinary action against them, such as imposing fines or penalties.

Reference

• Gujarat Cooperative Societies Rules, 1965: Rule 45

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