Short Answer

Yes, a society can control entry/exit rights to a common area if it is fenced or gated.

Detailed Explanation

Rule 148 of the Gujarat Cooperative Societies Rules, 1965 empowers the society to regulate the use of common areas. It states that the society can make by-laws for the proper management of common areas, including regulating entry and exit rights. This rule allows societies to enforce restrictions on access to fenced or gated common areas to ensure security and orderly use.

Additionally, Section 24 of the Gujarat Cooperative Societies Act, 1961 provides the legal framework for making by-laws related to common areas. Societies can pass resolutions to create by-laws that govern the use of common areas, including specifying entry and exit rules for fenced or gated areas. These by-laws must be reasonable and in the interest of the society as a whole.

In practice, societies often implement access control measures for fenced or gated common areas to prevent unauthorized entry, enhance security, and maintain the cleanliness and aesthetics of the premises. For example, a housing cooperative may install electronic gates with access cards to restrict entry to residents and authorized personnel only.

Real-world Scenarios

• Scenario 1: A cooperative housing society installs a fence around its garden area to protect the plants and landscaping. The society passes a by-law stating that only residents and their guests can access the garden by obtaining a key from the security guard.

• Scenario 2: A commercial cooperative society erects a gate at the entrance to its parking lot to prevent non-members from using the space. The society enforces this rule by issuing parking stickers to authorized members only.

Reference

• Rule 148 of the Gujarat Cooperative Societies Rules, 1965

• Section 24 of the Gujarat Cooperative Societies Act, 1961