Short Answer

Yes, the society needs to approve if a member leases their parking space to a non-member.

Detailed Explanation

Section 64 of the Gujarat Cooperative Societies Act, 1961 deals with the powers of the society regarding the use of premises. According to this section, the society has the authority to regulate the use of common areas and facilities of the cooperative housing society. This includes parking spaces within the society premises. Rule 43 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for obtaining approval for subletting or leasing any part of the premises.

In practice, if a member wishes to lease their parking space to a non-member, they must first seek approval from the society's managing committee. The member should submit a written request detailing the terms of the lease, duration, and other relevant information. The managing committee will review the request and decide whether to approve or reject it based on the society's bylaws and regulations.

Real-world Scenarios

• Scenario 1: Member A wants to lease their parking space to a non-member for a period of six months. A submits a formal request to the managing committee, providing all necessary details. The managing committee reviews the request and approves it after ensuring that it complies with the society's rules.

• Scenario 2: Member B sublets their parking space without seeking approval from the society. Upon discovering this unauthorized subletting, the society issues a notice to B to cease the arrangement immediately and levies penalties as per the bylaws.

• Scenario 3: Member C's lease agreement with a non-member for their parking space violates the society's regulations. The managing committee rejects C's request for approval, citing non-compliance with the society's rules.

Reference

• Section 64 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 43 of the Gujarat Cooperative Societies Rules, 1965: Official PDF