Parking, Common Areas, and By-Laws
Who pays for items placed in common areas (like benches or plants by individual members)?
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Short Answer
The expenses for items placed in common areas, such as benches or plants by individual members, are typically shared among all the members of the cooperative society.
Detailed Explanation
Section 58 of the Gujarat Cooperative Societies Act, 1961 empowers the cooperative society to manage and maintain the common areas of the society. This includes the authority to decide on the placement of items like benches or plants in these common areas. The Act does not specifically mention who should bear the expenses for such items, but it is generally understood that these costs are shared collectively by all the members of the society.
Rule 65 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the maintenance and management of common areas. It states that the society may levy charges or fees on its members for the upkeep of common areas and amenities. Therefore, if individual members wish to place items in these common areas, they may need to contribute towards the expenses incurred.
In practice, when a member proposes to place benches or plants in the common areas, the society's managing committee may discuss the matter in a general body meeting. The committee can then decide on the allocation of costs and whether all members should contribute equally or if the member placing the items should bear the expenses.
Real-world Scenarios
Scenario 1: A member wants to install a bench in the garden area of the cooperative society. The managing committee discusses the proposal in a meeting and decides that the cost will be shared among all members through a one-time contribution.
Scenario 2: Another member wishes to plant flowers in a common area. The society decides that the member can proceed with the planting but will be responsible for the ongoing maintenance costs.
Overall, the responsibility for paying for items placed in common areas lies with all the members collectively, as determined by the cooperative society's rules and decisions.
Reference
Gujarat Cooperative Societies Act, 1961 (Section 58): https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Act1961.pdf
Gujarat Cooperative Societies Rules, 1965 (Rule 65): https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Rules1965.pdf
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