Parking, Common Areas, and By-Laws

If someone changes common property (e.g. builds a ramp), who pays?

The expenses for changing common property, such as building a ramp, are typically borne by the members of the cooperative society collectively.

The expenses for changing common property, such as building a ramp, are typically borne by the members of the cooperative society collectively.

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Short Answer

The expenses for changing common property, such as building a ramp, are typically borne by the members of the cooperative society collectively.

Detailed Explanation

Rule 58 of the Gujarat Cooperative Societies Rules, 1965 states that any improvement or alteration to the common property of a cooperative society shall be carried out at the expense of the society. This means that if someone changes common property, like building a ramp for accessibility, the cost of such alteration would be the responsibility of the cooperative society as a whole. In practice, this expense is usually shared among all the members of the society through contributions or levies.

In real-world scenarios, if a member decides to construct a ramp on common property for the benefit of all residents, the society would need to fund this project. The society may collect funds from all members or impose a special levy to cover the costs of the construction. This ensures that the financial burden is distributed equitably among all members benefiting from the alteration.

The step-by-step process for determining the payment for changing common property involves proposing the alteration, estimating the costs involved, obtaining approval from the society's governing body, collecting contributions from members, and overseeing the construction process. By following this process, transparency and accountability are maintained in the financial dealings of the cooperative society.

Practical Examples

  • Scenario 1: A cooperative society member proposes to install solar panels on the terrace, which is common property. The society convenes a meeting, estimates the costs, and decides to allocate the expenses equally among all members.

  • Scenario 2: A resident constructs a covered parking area in the common parking space. The society levies a special charge on all members to cover the construction costs.

  • Scenario 3: A member builds a community garden on the society's open land. The society collects voluntary contributions from interested members to fund the gardening project.

References

  • Rule 58 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

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