Short Answer

No, using a flat for short-term rentals like Airbnb does not automatically classify it as a PG.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the use of premises. It states that the committee of a cooperative housing society may make by-laws regarding the use of flats or portions thereof for residential or non-residential purposes. This means that the society can regulate the usage of flats within its premises, including short-term rentals like Airbnb. However, simply using a flat for short-term rentals does not categorize it as a PG under the Act.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers of the committee in regulating the use of premises. The rule empowers the committee to enforce any by-laws related to the use of flats within the society. In practice, this means that if the society has specific by-laws prohibiting or regulating short-term rentals, they can enforce them against the members.

In real-world scenarios, if a cooperative housing society has by-laws that restrict short-term rentals, they can take action against members who violate these rules. The society may impose fines, issue warnings, or even take legal action to enforce compliance with the by-laws. However, the mere act of using a flat for short-term rentals does not automatically convert it into a PG under the Gujarat Cooperative Societies Act.

Practical Examples

• Scenario 1: A cooperative housing society has by-laws prohibiting short-term rentals like Airbnb. If a member continues to rent out their flat on Airbnb, the society can issue a notice asking them to stop the activity.

• Scenario 2: Another society allows short-term rentals but imposes certain restrictions on the duration and frequency of such rentals. If a member exceeds these limits, the society can take disciplinary action against them.

• Scenario 3: In a different society, there are no specific by-laws regarding short-term rentals. In this case, using a flat for Airbnb would not lead to any action by the society unless it causes disturbances or violates other general rules of the society.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF