Short Answer

Yes, an owner can repaint the exterior of their portion to save maintenance.

Detailed Explanation

Section 61 of the Gujarat Cooperative Societies Act, 1961 empowers the society to carry out repairs and maintenance of the building. However, if an individual owner wishes to repaint the exterior of their portion to save on maintenance costs, they are generally allowed to do so as long as it does not violate any specific rules or regulations of the cooperative society. This practice is common in cooperative housing societies where individual owners take up maintenance tasks to reduce the burden on the society's funds.

Rule 74 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on maintenance and repairs. While the society is responsible for overall maintenance, individual owners have the right to undertake maintenance activities on their own portion, subject to compliance with the society's bylaws. Repainting the exterior falls under routine maintenance and does not usually require prior approval from the society, unless specified otherwise in the society's rules.

In practice, owners often repaint their portions to maintain the aesthetics and structural integrity of the building without burdening the society with additional expenses. This approach can be beneficial for both the owner and the society, as it ensures timely upkeep of the property while promoting a sense of ownership among residents. However, it is essential for owners to adhere to any specific guidelines or restrictions set forth by the cooperative society to avoid any conflicts or violations.

Examples:

• Mr. Patel, a member of a cooperative housing society, decides to repaint the exterior walls of his apartment to prevent water seepage. He informs the society's managing committee and obtains necessary permissions as per the society's rules.

• Ms. Desai, another owner in the society, repaints her balcony railing without seeking prior approval from the society, leading to a dispute with the managing committee over unauthorized alterations.

• The cooperative society's bylaws explicitly state that any exterior modifications, including repainting, must be approved by the general body meeting to maintain uniformity in the building's appearance.

References

• Section 61 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 74 of the Gujarat Cooperative Societies Rules, 1965: Official PDF