Tenancy, PG, and Use of Premises

If a member uses the terrace or balcony in an unconventional way (like storing goods), can society object?

Yes, the society can object if a member uses the terrace or balcony in an unconventional way like storing goods.

Yes, the society can object if a member uses the terrace or balcony in an unconventional way like storing goods.

Written By: GatePal Analyst

Last Updated on

Short Answer

Yes, the society can object if a member uses the terrace or balcony in an unconventional way like storing goods.

Detailed Explanation

Section 23 of the Gujarat Cooperative Societies Act, 1961 empowers the society to regulate the use of common areas like terraces and balconies. This section allows the society to make by-laws regarding the use of common areas and facilities. Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers of the society in regulating the use of common areas.

In practice, if a member is using the terrace or balcony in a manner that goes against the by-laws of the society, the managing committee can object to such usage. The society can take action against the member by issuing a notice to comply with the by-laws and rectify the unauthorized use of common areas. If the member fails to comply, the society may impose penalties or take legal action as per the provisions of the Act and Rules.

Real-world Scenarios

  • Scenario 1: A member of a cooperative housing society starts using the terrace as a storage space for personal belongings without seeking permission from the society. The managing committee notices this and issues a warning asking the member to remove the items as it violates the society's by-laws.

  • Scenario 2: A tenant in a cooperative society starts using the balcony for commercial activities, which is not allowed as per the society's rules. The society raises an objection and asks the tenant to stop the unauthorized use of the balcony.

Reference

  • Section 23 of the Gujarat Cooperative Societies Act, 1961: Official PDF

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

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