Short Answer

Yes, a cooperative society can object if an owner rents out an unapproved area like a servant room.

Detailed Explanation

Section 66 of the Gujarat Cooperative Societies Act, 1961 empowers the society to regulate the use of premises within its jurisdiction. It states that no member shall use any part of the premises for any purpose other than that for which it was intended without the prior written consent of the society. This means that if an owner rents out an unapproved area within the society premises, the society has the right to object as it violates the provisions of the Act.

Furthermore, Rule 85 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the use of premises by members. It specifies that any change in the use of premises requires the approval of the society's managing committee. Therefore, renting out an unapproved area like a servant room without the society's consent would be a violation of these rules.

In practice, if an owner rents out an unapproved area within the society premises, the society can raise objections and take necessary action as per the provisions of the Act and Rules. The society may issue a notice to the owner, directing them to cease the unauthorized rental activity and comply with the regulations. Failure to comply may lead to penalties or legal action by the society.

Real-world Scenarios

• Mr. Patel rents out his servant room in a cooperative housing society without seeking approval from the society's managing committee. The society objects to this unauthorized rental and asks Mr. Patel to stop the activity immediately.

• A cooperative society discovers that one of its members has been renting out a garage space without prior consent. The society raises objections and initiates disciplinary proceedings against the member for violating the rules.

Reference

• Section 66 of the Gujarat Cooperative Societies Act, 1961

• Rule 85 of the Gujarat Cooperative Societies Rules, 1965