Short Answer

No, a society cannot bill a temporary structure like a canopy erected by a member as part of their flat as maintenance.

Detailed Explanation

Rule 66 of the Gujarat Cooperative Societies Rules, 1965 states that the maintenance charges can be levied by the society for various services and facilities provided by the society. However, a temporary structure like a canopy erected by a member as part of their flat does not fall under the purview of maintenance charges as it is considered a personal addition to the flat and not a common area maintained by the society.

Section 22 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy charges for maintenance of common areas and facilities provided by the society for the benefit of all members. In the case of a temporary structure erected by an individual member, it is not a common area or facility provided by the society but rather a personal addition to their flat.

In practice, societies should differentiate between maintenance charges for common areas and facilities provided by the society and personal additions made by individual members. Charging for a temporary structure like a canopy as maintenance would not be legally justified under the Gujarat Cooperative Societies Act and Rules.

Real-world Scenarios

• Scenario 1: A member installs a temporary canopy on their flat's terrace for personal use. The society attempts to include it in the maintenance bill.

• Scenario 2: A member constructs a temporary shed in their parking space for storing personal belongings. The society tries to charge maintenance for it.

• Scenario 3: A resident sets up a temporary gazebo in their garden area. The society claims it as part of maintenance charges.

Reference

• Rule 66 of the Gujarat Cooperative Societies Rules, 1965

• Section 22 of the Gujarat Cooperative Societies Act, 1961