Short Answer

The responsibility for structural problems like major cracks before redevelopment in a cooperative society typically falls on the managing committee or the builder/developer, depending on the specific circumstances.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the managing committee of a cooperative society to maintain and repair the buildings and common areas. This means that if a structural problem such as a major crack appears before redevelopment, the managing committee is generally responsible for addressing it. The managing committee should take prompt action to assess the extent of the issue, engage qualified professionals to evaluate the structural integrity, and initiate necessary repairs to ensure the safety of the residents.

Additionally, Rule 82 of the Gujarat Cooperative Societies Rules, 1965 outlines the duties and responsibilities of the managing committee in maintaining the society's property. In the case of a major structural problem, the managing committee must convene a meeting to discuss the issue, seek expert advice, and decide on the appropriate course of action. They may need to coordinate with the builder/developer if the issue is related to construction defects or negligence on their part.

Practical Examples

• Scenario 1: A major crack is discovered in the building of a cooperative housing society. The managing committee inspects the crack, consults with structural engineers, and determines that it is due to poor construction quality. In this case, the responsibility lies with the builder/developer to rectify the issue under the supervision of the managing committee.

• Scenario 2: A structural problem arises in the common area of a cooperative society before redevelopment. The managing committee promptly notifies all members, obtains quotations from contractors for repair work, and presents a detailed plan of action in the general body meeting for approval.

• Scenario 3: A major structural defect is identified in a newly constructed building within a cooperative society. The managing committee initiates legal action against the builder/developer for compensation and rectification of the defect, ensuring the safety and well-being of all residents.

References

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

• Rule 82 of the Gujarat Cooperative Societies Rules, 1965: Official PDF