Parking, Common Areas, and By-Laws

If any deviation from original plan (like adding new common amenities), do members vote?

Yes, members need to vote for any deviation from the original plan, such as adding new common amenities.

Yes, members need to vote for any deviation from the original plan, such as adding new common amenities.

Written By: GatePal Analyst

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Short Answer

Yes, members need to vote for any deviation from the original plan, such as adding new common amenities.

Detailed Explanation

Section 31 of the Gujarat Cooperative Societies Act, 1961 states that any alteration in the by-laws of a cooperative society requires the approval of at least two-thirds of the members present and voting at a general meeting. This means that any significant change to the original plan, including the addition of new common amenities, would fall under this provision. In practice, this ensures that decisions regarding deviations from the original plan are made collectively by the members, safeguarding their interests and ensuring transparency in the decision-making process.

Furthermore, Rule 68 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the procedure for conducting general meetings and voting on various matters, including alterations to the by-laws. This rule ensures that the voting process is conducted fairly and in accordance with the legal requirements.

For example, if a cooperative housing society decides to add a new gym facility to the common areas, this would constitute a deviation from the original plan. In such a scenario, the members would need to convene a general meeting, propose the addition of the gym as a by-law amendment, and vote on the proposal. The decision to approve the addition would require the support of at least two-thirds of the members present and voting.

In another scenario, if a cooperative society plans to install solar panels on the terrace, which was not part of the original plan, the members would again need to follow the process outlined in Section 31 and Rule 68. This ensures that all members have a say in significant changes that impact the common areas of the society.

In summary, any deviation from the original plan, such as adding new common amenities, requires the approval of the majority of members through a voting process as per the provisions of the Gujarat Cooperative Societies Act, 1961 and Rules, 1965.

References

  • Section 31 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

  • Rule 68 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

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