Short Answer

The responsibility for repairing common property damaged by a tenant typically falls on the owner of the premises.

Detailed Explanation

Section 24 of the Gujarat Cooperative Societies Act, 1961 states that the management and administration of the society's affairs, including maintenance and repair of common areas, are the responsibility of the society. This means that if a tenant damages common property, the society is responsible for repairs. The owner, as a member of the society, may be held accountable for the actions of their tenant as per the society's bylaws.

Rule 12 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers and duties of the society's committee in managing the society's affairs. The committee has the authority to take necessary actions for the maintenance and repair of common property, including recovering costs from the defaulting member or tenant.

In practice, when common property is damaged by a tenant, the society's committee may initiate the repair work and then recover the expenses from the owner of the premises. The owner, in turn, may seek reimbursement from the tenant if the damage was caused by the tenant's actions.

Real-world Scenarios

• Scenario 1: A tenant in a cooperative housing society accidentally damages the elevator door. The society's committee arranges for the repair and bills the owner of the flat. The owner then discusses the issue with the tenant and recovers the repair costs from them.

• Scenario 2: A tenant in a commercial building owned by a cooperative society causes damage to the common parking area. The society's committee undertakes the repairs and sends the bill to the owner of the commercial unit for payment.

Reference

• Section 24 of the Gujarat Cooperative Societies Act, 1961

• Rule 12 of the Gujarat Cooperative Societies Rules, 1965