Parking, Common Areas, and By-Laws
If the society changes parking from open to covered structure, how is it approved?
Written By: GatePal Analyst
Last Updated on
Short Answer
The approval process for changing parking from open to covered structure in a cooperative society involves following the procedures outlined in the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.
Detailed Explanation
Section 152 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make changes in common areas, including parking facilities, by passing a resolution in a general meeting. This resolution needs to be approved by a specified majority of members as per the Act. The society must also adhere to any relevant provisions in the by-laws related to parking modifications.
Rule 113 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the procedure for passing resolutions in general meetings. It specifies the notice period, quorum requirements, voting procedures, and record-keeping obligations. When proposing a change from open to covered parking, the society needs to convene a general meeting, circulate the agenda in advance, and ensure that the resolution is passed by the required majority.
In practice, the society's managing committee would initiate the process by proposing the change in parking structure. They would then call for a general meeting, discuss the proposal with members, and seek their approval through a formal resolution. The society must maintain proper records of the meeting minutes and the resolution passed for future reference.
Real-world Scenarios
Scenario 1: A cooperative society in Gujarat decides to convert its open parking area into a covered structure to provide better security to vehicles. The managing committee convenes a general meeting, explains the reasons for the change, and obtains approval from the majority of members as per Section 152 of the Act and Rule 113 of the Rules.
Scenario 2: In another society, members raise concerns about the cost implications of converting open parking to covered. The managing committee conducts a detailed cost-benefit analysis, presents the findings in a general meeting, and addresses members' queries before seeking approval through a resolution.
Scenario 3: A society faces space constraints in the open parking area due to increasing vehicle numbers. To address this issue, the managing committee proposes the construction of a multi-level covered parking structure. They follow the prescribed procedures under the Act and Rules to get the necessary approval from the members.
Reference
Section 152 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 113 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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