Short Answer

Societies must follow the provisions of the Gujarat Cooperative Societies Act, 1961 and its Rules when changing common-area use to balance majority rule and minority rights.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make by-laws regarding common areas, including their use and management. This section ensures that any changes in common-area use are governed by established rules and procedures, preventing arbitrary decisions that may infringe on minority rights. The society must follow these prescribed rules when altering common-area use, ensuring that the interests of all members, both majority and minority, are considered.

Rule 18 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the process of amending existing by-laws related to common areas. This rule mandates that any proposed changes must be approved by a general meeting of the society, where both majority and minority members have the opportunity to voice their opinions. By requiring a collective decision-making process, this rule safeguards minority rights and prevents unilateral changes that could disadvantage certain members.

In practice, when a society intends to modify the use of common areas, it must convene a general meeting to discuss and vote on the proposed changes. During this meeting, all members have the right to express their views, and decisions are made through a democratic process, balancing majority preferences with the protection of minority rights. This ensures transparency, fairness, and inclusivity in the decision-making process.

Practical Examples

• Scenario 1: A society wants to convert a common garden area into a parking lot. Before proceeding, the society must propose this change in a general meeting, allowing all members to participate in the decision-making process.

• Scenario 2: Some members oppose the installation of a gym in a common area due to noise concerns. The society must address these objections and consider alternative solutions to accommodate both majority preferences and minority rights.

• Scenario 3: A minority group of members disagrees with the proposed renovation of a clubhouse. The society must engage in discussions to find a compromise that respects the interests of all members.

References

• Section 13 of the Gujarat Cooperative Societies Act, 1961

• Rule 18 of the Gujarat Cooperative Societies Rules, 1965