Parking, Common Areas, and By-Laws

If common corridors become cluttered, does the society need to clear them by a decision?

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, the society needs to clear cluttered common corridors by a decision.

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, the society needs to clear cluttered common corridors by a decision.

Written By: GatePal Analyst

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Short Answer

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, the society needs to clear cluttered common corridors by a decision.

Detailed Explanation

Section 61 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make decisions regarding the maintenance and management of common areas, including corridors. This section states that the society can take decisions on various matters related to the common areas by passing a resolution in a general meeting. Therefore, if the common corridors become cluttered, the society can decide to clear them through a resolution passed in a general meeting.

Rule 64 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers of the society in managing common areas. It specifies that the society can make by-laws for the proper management, maintenance, and use of common areas. By passing a resolution in a general meeting, the society can enforce these by-laws, including clearing cluttered common corridors.

In practice, if the common corridors in a cooperative society become cluttered due to unauthorized items, garbage, or any other obstructions, the managing committee can convene a general meeting to discuss the issue. By passing a resolution in this meeting, the society can decide on the necessary steps to clear the corridors, such as removing the clutter, setting up guidelines for corridor usage, or imposing fines for violations.

Real-world Scenarios

  • Scenario 1: In a cooperative housing society, the common corridors are filled with bicycles, shoes, and other items belonging to residents, causing obstruction. The managing committee calls for a general meeting and passes a resolution to clear the corridors of unauthorized items to ensure safe passage for all residents.

  • Scenario 2: Due to lack of proper maintenance, the common corridors in a society become cluttered with garbage and debris. The society members discuss the issue in a general meeting and decide to hire a cleaning service to clear the corridors regularly to maintain cleanliness and hygiene.

  • Scenario 3: Residents start using the common corridors for storage, leading to congestion and safety hazards. The society enforces a by-law through a resolution in a general meeting, prohibiting the storage of personal items in the corridors and mandating regular inspections to ensure compliance.

References

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

  • Rule 64 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

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