Short Answer

No, the society cannot collect rent from the tenants of an owner who has rented out their garage or parking space.

Detailed Explanation

As per Section 73 of the Gujarat Cooperative Societies Act, 1961, the society has the right to levy charges on members for various purposes, including maintenance, repairs, insurance, and other services. However, this right is limited to members of the society and does not extend to tenants of individual owners. The Act does not provide for societies to directly collect rent from tenants of individual owners.

Similarly, Rule 98 of the Gujarat Cooperative Societies Rules, 1965, outlines the powers of the society in collecting charges and fees from its members. It specifies that such charges are to be collected from the members themselves and not from tenants of individual owners. Therefore, the society is not authorized to collect rent from tenants of owners who have rented out their garage or parking space.

In practice, this means that while the society can enforce rules and regulations regarding the use of common areas and facilities, it cannot directly collect rent from tenants who are not members of the society. Any disputes regarding the rental agreements between owners and their tenants would need to be resolved between the parties involved, without involving the society in rent collection.

Real-world Scenarios

• Scenario 1: An owner rents out their parking space to a tenant without informing the society. The society notices the tenant using the parking space but cannot demand rent directly from the tenant.

• Scenario 2: A garage owner sublets their garage to a third party. The society can regulate the usage of the common parking area but cannot collect rent from the subtenant.

Reference

• Section 73 of the Gujarat Cooperative Societies Act, 1961

• Rule 98 of the Gujarat Cooperative Societies Rules, 1965