Parking, Common Areas, and By-Laws

If a common area needs repair, does the entire society pitch in, or only those near it?

All members of the society are generally responsible for contributing towards the repair of common areas, not just those near it.

All members of the society are generally responsible for contributing towards the repair of common areas, not just those near it.

Written By: GatePal Analyst

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Short Answer

All members of the society are generally responsible for contributing towards the repair of common areas, not just those near it.

Detailed Explanation

Section 66 of the Gujarat Cooperative Societies Act, 1961 states that every member of a cooperative society is liable to contribute to the funds of the society for the maintenance and repairs of common areas. This means that the responsibility for repairing common areas falls on all members collectively, irrespective of their proximity to the specific area in need of repair.

Furthermore, Rule 54 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for collecting contributions from members for repairs and maintenance of common areas. The rule specifies that the society's managing committee is responsible for determining the amount each member needs to contribute towards such repairs.

In practice, when a common area in a cooperative society requires repair, the managing committee typically assesses the extent of the repair work needed and calculates the total cost. Subsequently, the committee notifies all members of their respective contribution amounts based on the decision taken. Each member is then required to pay their share to ensure the timely repair of the common area.

For example, if the terrace of a cooperative housing society needs waterproofing to prevent leakage, all members of the society would need to contribute towards the cost of this repair work, regardless of whether their individual units are directly affected by the leakage issue. This collective responsibility ensures that common areas are well-maintained for the benefit of all members.

Another scenario could involve the repair of the society's parking area. In this case, if the parking lot requires resurfacing or repainting, all members would be required to contribute towards the expenses, even if their parking spots are not in immediate need of repair. This approach promotes fairness and shared responsibility among all society members.

In summary, as per the Gujarat Cooperative Societies Act and Rules, all members of a cooperative society are obligated to contribute towards the repair and maintenance of common areas, regardless of their proximity to the specific area in need of repair.

Reference

  • Section 66 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

  • Rule 54 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

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