Short Answer

During the redevelopment construction, the responsibility for maintaining the common areas such as roads and gardens typically lies with the cooperative society or the developer involved in the project.

Detailed Explanation

Rule 60 of the Gujarat Cooperative Societies Rules, 1965 states that the management and maintenance of common areas in a cooperative housing society are usually the responsibility of the society itself. This means that during the redevelopment construction, the cooperative society should ensure that the common areas are properly maintained to prevent any inconvenience to the residents. The society may choose to delegate this responsibility to the developer, but ultimately, it remains accountable for the upkeep of these shared spaces.

Additionally, Section 19 of the Gujarat RERA Act provides guidelines for the maintenance of common areas in real estate projects. It mandates that the promoter (developer) is responsible for maintaining the common areas until the formation of the cooperative society or association of allottees. Therefore, during the redevelopment construction phase, the developer is typically tasked with ensuring the upkeep of common areas like roads and gardens until the handover to the society.

Practical Examples

• In a cooperative housing society undergoing redevelopment, the society's managing committee may enter into an agreement with the developer specifying the responsibilities for maintaining common areas during the construction phase.

• If the cooperative society lacks the resources or expertise to manage the maintenance of common areas, they may hire a professional maintenance company to oversee the upkeep during the redevelopment process.

• In cases where disputes arise between the society and the developer regarding the maintenance of common areas, the matter can be resolved through mediation or legal recourse as per the provisions of the Cooperative Societies Act and RERA.

References

• Rule 60 of the Gujarat Cooperative Societies Rules, 1965

• Section 19 of the Gujarat RERA Act