Short Answer

Parking and common areas are allocated between owners and tenants based on the terms of the lease agreement and the bylaws of the cooperative society.

Detailed Explanation

Rule 43 of the Gujarat Cooperative Societies Rules, 1965 states that the management of the cooperative society can make regulations regarding the use of common areas and facilities. This means that the cooperative society can decide on the allocation of parking spaces and common areas between owners and tenants. In practice, this allocation is usually done based on the terms of the lease agreement signed between the owner and the tenant. The lease agreement may specify the parking spaces allocated to the tenant and any restrictions on the use of common areas.

For example, if a cooperative society has limited parking spaces, the management may allocate specific spaces to owners and tenants based on availability or seniority. In another scenario, the cooperative society may charge a separate fee for parking spaces allocated to tenants. The allocation of common areas like gardens, terraces, or recreational facilities may also be specified in the bylaws of the cooperative society.

Another important aspect to consider is the rights and responsibilities of owners and tenants regarding the maintenance and upkeep of parking spaces and common areas. Rule 44 of the Gujarat Cooperative Societies Rules, 1965 states that the management can make regulations for the maintenance of common areas. This means that both owners and tenants may have obligations to maintain cleanliness, security, and order in these shared spaces.

In a real-world scenario, if a tenant violates the parking rules set by the cooperative society, the management may take disciplinary action or impose fines as per the bylaws. Similarly, if there is a dispute between an owner and a tenant regarding the allocation or use of common areas, the cooperative society's dispute resolution mechanism can be utilized to resolve the issue.

Reference

• Rule 43 and Rule 44 of the Gujarat Cooperative Societies Rules, 1965

Official PDF