Sunday, 19 June 2011

Process of Co-operative Housing Society Registration


  • 60 % of the Promoters are must be ready to form Co-op. Housing Society.
  • If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this  case the builder become CP and other flat owners become Promoters for Registration purpose. This society register under Co-operation.
  • When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation.In this case one of the flat owner should be elected as CP for Registration purpose.In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered
  • All flat owner should hold meeting and elect Promoter.All power for Registrations,documentation etc. should be given to promoter.The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society 
  • Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements.All  members togethers also can do work for registration.
  • For  registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar Of Co-operative Department  area concern in order as follow
  1. Applications for Name to be Reserved for Proposed Society's
  2. Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
  3. Application form  "A"   4 copies 
  4. Information in Annexture " A " " B " " C "   4 copies
  5. Bye-Law of the Society    2  copies
  6. Details of Accounts Annexture " D "   2 copies
  7. Bank Balance Certificate in Original  1 copy in Original
  8. Agreement of Flat     1 copy
  9. Advocate Search Report    2 copy [Title Certificate]
  10. Society's Building Plan   2 copies
  11. Lay Out Plan    2 copies
  12. Sanction Plan from Authority   2 copies
  13. O.C / C.C copy    2 copies
  14. Promoter's Guarantee in form " X "  On Rs. 100/- Stamp paper & notarized 1 copy
  15. Guarantee in form " Y " On Rs. 100/- Stamp paper  & notarized 1 copy
  16. Guarantee in form " Z "  On Rs. 100/- Stamp paper  & notarized  1 copies
  17. 7/12  or City Survey Revenue Record of Land [not more than 1 month old]  1 copy
  18. Promoters Affidavit   On Rs. 100/- Stamp paper  & notarized 1 copy
  19. Indemnity Bond   On Rs. 100/- Stamp paper  & notarized 1 copy 
  20. NA Certificate / ULC   2 copy
  21. Plot area Land Map   2 copies
  22. Scheme
  23. Registration Fee Challan  for Rs.2500    1 copy original
  24. Builder Non Co-operation form Z  On Rs. 100/- Stamp paper  & notarized  if required  1 copy
  25. CP Affidavit for Child Labour  On Rs. 100/- Stamp paper & notarized 1copy  
All this forms are available at your District Co-operative Housing Society Federation.

On submission of above document the Dy./Asst. Registrar  will go through the papers And document. If found OK he will make order for issue of Registration Certificate.
If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer's name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence , all member has to hold meeting and has to elect Provisional Working Committee  [PWC] whose working period will be ONE Year.  After electing PWC  the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper 
with the sign of Officer's whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM Register must be sign by Officer's name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter]  After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year.  The new WC election can conduct before PWC time over with proper election process. WC also has to  submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar

When application for Name reservation of Society has given , the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank  The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each ] and Member ship Fees of  Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank  and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First  Annual General Body Meeting the Bank Account has to transfer in the name of Society.For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [ Collection and Payment] are handled by Treasure when Billing Clerk or Accountant are not been kept.

78 comments:

  1. AGM minutes are not given to the members and the committee says that AGM minutes are not to be cirulated to the members

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  2. Last AGM minutes were also not read in the AGM, How can this be solved

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  3. Now a days it is normal process that committee do not circulated AGM minutes to member since they have no time for xerox it and no member give charge for it [in Bye-Laws charges is given for that]

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  4. if last AGM Minutes were not read then how committee confirm it . I think they were not written that minute and if they written anything And not read And confirm any thing then it is bound to ever one so i suggest you to write a latter to Register of society of your Area tell him About this that last minute were not read so you are not suppose to bound this And mAke at lest 2/3 member sign on it so Register ask the committee and make rearrange the AGM also give copy to you society auditor [marke him cc]

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  5. Ask committee to give the copy of last AGM and take the charges from me as per Bye-Laws. If committee not give copy then ask Register for the same they will provide you

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  6. The Building is Constructed under SRA Scheme and He has Submitted details of Tenants (P.A.P.) For formation of Proposed Society
    We comes under Free Sale Part we are only 17 people who comes under Free sale.
    he is say ing the names iof us are mentioned in their submission .
    but pls tell us can we form new society for our free sale flat holders only.
    And specially when O.C. Is not come

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  7. No you can not form new society for old tenants as both new and old tenants are in same bldg.[i Assume that only 1 bldg. for both new and old member].
    if two different bldg. for old and new tenant having separate water tank , drainage line etc than you can do this. but you must check you MOU and Agreement with builder if it is only 1 Soc. in that then he can take objection for 2nd Soc.

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  8. but pls tell us can we form society specially when O.C. Is not come

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  9. yes you can show the photo copy of application for issue O.C. submitted by builder to BMC. IF register ask you to show it. If you have CC copy then register will registered your society.

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  10. we had co operative society functional till 1996.society was dissolved(avasaynat) by registrar and informed to committee but committee ignored dissolution and was functional till 2010. in 2010 one person had filed PC against committee for maintenance charge.then registrar take note and had asked to submit all documents(daftar) to registrar(avsayak) office by 2012 feb. but committee has not submitted same.now these committee members are trying to form new society.they have got permission for opening bank account in proposed society name.meanwhile person who have filed PC has applied to registrar for not registering this society as it was dissolved and committee has not obliged to registrar by submitting dissolved societies documents(daftar)
    now question is will the new society will be formed on same address as old dissolved society even after legal complications going on dissolved society?

    ReplyDelete
    Replies
    1. for that you have to show me all document i.e dissolved order , PC then i will give you advice. my Consultant charges is Rs. 2000/-

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    2. thanks.actually now RTI has been filed to know if this proposed society can be formed and if yes under what clause.

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  11. How many members required to form a society(minimum members)?

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    Replies
    1. minimum 60% of total flat in the building. Say if you building having 100 flat [considering all wings] then 60 flat owner are required.

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  12. We have 81 Flats contructed in Chikhali Pradhikaran area in Chinchwad Pune. What is registration fees applicable to be paid to government for society registration or formation as per latest revised registration charges.

    ReplyDelete
    Replies
    1. Society registration fees is same i.e. Rs. 2500/- as per latest charges.

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  13. Sir, ours is 72 ( shop + flat) member building. As per rule 60% means 44 members are required for society formation. Kindly tell me total amount for society registration or amount per individual.
    Bifurcation of amount will be helpful.

    ReplyDelete
    Replies
    1. for bifurcation of amount you have to email me you society full postal address with pin code to visariya007@gmail.com at this blog i can not disclose all amount. Society Registration charges is Rs. 2500/- .

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  14. Sir,
    our is 87 (20shop + 67 Rooms) member Chawl, can we form Hosing Society?, what is process & which document need ? we have agreement of ownership done by chawl Malik

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  15. If you have Perment NA Order from collector & your chawl plan is pass by authority then Housing Society can be register

    ReplyDelete
    Replies
    1. what is NA order ? & how can I get NA order? we can pay Property Tax & NA Tax from 40 to 35 years by Chawl malak and Chawl Committee (after owner ship -1998 to still tax pay by Committee )

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    2. on property card below remark is available
      मा.उप.जि.अ.यांचेकडील आदेश क्र.DC III L.N.D.189ता.18-1-72 प्रमाणे
      बि.शे.आकाराची नोंद घेतली.

      but on 7/ 12 landlord is different

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  16. If 7/12 is showing NA then it is ok else their is problem .

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  17. Hi, we have a building which has only 7 flats one flat on each floor. The builder has not yet made a society for us since almost 12-14years for which most of the members have stopped paying maintenance. Now the builder is asking us to clear the dues including interest or he will stop paying Property Tax etc.
    I would like to know if 7 members can form a society via Non Co-operation and do we have to pay maintenance to the builder.
    Thanks please respond

    ReplyDelete
    Replies
    1. you can directly pay the Property tax to your municipal corporation or municipal council

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  18. Also would like to inform you that our flats are 1000 sq.ft carpet.

    ReplyDelete
    Replies
    1. where is your building please inform me your locality

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    2. Our building is located in chembur, mumbai. plot no. 429.
      The builder is pressurizing us by not payin Electricity bills and others also.
      there a few more things i would need info on is it possible to get your contact details.

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    3. ok.Pl tell which municipal ward . My No. is 9321230595

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    4. BMC M West Ward.
      Thanks for your contact

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  19. ours is 18 shops & 4 apartment building.builder wants us to register under apartment act. can we form co-op. hsg. soc. ?

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  20. Wow this is good, thanks

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  21. This comment has been removed by the author.

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  22. Sir
    We having 30 room in Chawl, we want to form Society and builder not co-operating us for the same, can u please guide and please let us know the Charges for forming society, Please revert.

    ReplyDelete
  23. Firstly, sorry for late reply as I am on vacation. For registration of Chawl society Collector Permanent Non Agricultural Order copy is required as per order issued by Commissioner of Co-Operative Society. If you have the Permanent Non Agricultural Order copy from collector then it is possible else not.

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  24. Dear all wanted help
    our builder wants to have apartment society and we want to have coperative society
    whats is next step we should take

    ReplyDelete
  25. what is written in your agreement? builder form cooperative society OR apartment OR Company.
    If he mension all 3 then he can make any one from this. If he specify only one out of 3 then he has to make that only.

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  26. plz clear for bank transaction secretary sign compulsary them either treasurer or chairman.

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  27. In bank transaction Secretary sign is must along with either Treasurer OR Chairman.

    Bye-Laws No. 114. A Banking Account shall be opened by the society in the nearest State or District Central Co-op. Bank or it's branch and the account shall be operated upon and all acquittances and discharges shall be signed by the Secretary jointly with the Chairman or treasurer

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  28. hi.. i am a flat owner of a apartment building in Viman Nagar. Its a single buiding with 44 flats. While most of the flats are occupied by the owners/tenants, no one has recieved a possession certificate/completion certificate yet. There is a lot of work that is yet to be completed by the Builder. The Builder has registered the society more than a year ago and after not informing any one about the fact for more then a year, is now doubly eager to form a provisional society and handover the society to the flatowners in a haphazardly held meeting, which we have denied. How can we ensure that the builder will complete the work after we have formed a society? also, what are the tax or expense related docuemnts that need to be placed in the first meeting to handover the society? most importantly, is it a good idea for the owners to take the ownership of the society with considerable amount of work pending to be done.

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  29. It is not good idea to take charge of society with considerable amount of work pending to be done.
    I am not understanding that you are unaware of the fact of registration of society. Since for registration of society members sign is required on Statement A, B &C and also membership form has to fill by each member. So your are saying that you are unaware of the fact of registration of society from last 1 year is totally wrong.

    The document you have to collect from builder is all the approval taken by builder for construction of building. Approve building plan, all flat agreement, last one year audit report, all warranty cards , bill receipt of lift and other equipments etc.

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    Replies
    1. You are right about the membership forms to be signed by the flat owners. The builder did show the book which had 60% of members' signatures. However, as most people whose signs were seen in the book declare that they never saw such a booklet before (This happened about a week ago and before that no one was even aware that a society has been registered). It is quite apparent that the builder has obtained the signs in a duplicitous manner from gullible members. We are also not sure how to proceed with this. The members have signed, so its not technically a forgery, however, the signs were taken on some other pretext in some paper that didnt have complete information.

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  30. Then best way ask the builder to complet all pending work and then take charge of society. OR simply inform the registrar to de registered your society since builder is taken the sign on other pretext and make society.

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  31. What are the advantages of registering Co Op Housing society? If not registered what we are going to lose?

    ReplyDelete
    Replies
    1. If society is not register then you are the owner of only your flat.Building structure is belong to builder. Each time for repairing you have to take permission from builder. land belong to land owner. If you register Co-Op Society/ Apartment / Co. i.e. any legal entity then builder and land owner has to convey structure and land in the name of legal entity.

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  32. Our builder is not registering our co-op Housing Society situated at Kalayn East, Thane District, Maharashtra State, since last 6 years. Our flat details are as under:

     18 Flats = Registered
     8 flats = Un registered
     6 shops = Un registered

    We 18 members would like to register our society under non-co operation by the builder.

    Pls advise how can we proceed to Society registration.

    Your kind advise as to how to proceed further is highly appreciated.

    Thanks
    Amin
    Kalyan

    ReplyDelete
    Replies
    1. So you have total 32 units [flat& shop] in your building. Out of which 18 are registered. 14 are unregistered. For registration of Co-operative society in co-operation or Non-Co-operation you required 60% registration of total unit. In your case 20 units are required to registered after that you can form co-operative society.

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  33. We are residents of Six wishes society which being developed right now in Talegaon Dabhade Pune. one phase is completely built and 2 phase in progress. Builder has not provided any of the amenity as promised but still forcing to form the society and asking for maintenance charge. Please suggest if this is right?

    ReplyDelete
  34. I assume that builder may form the phase wise society like Six wishes phase-1 , Six wishes phase-2.

    For amenity you have to file case in consumer court , civil court,& criminal court. you may file case in any one of court or in all 3 court.

    My advise is if builder is ready to form society then make it. Regarding maintenance charges you have to go through the agreement. If it is written that still formation of any legal entity you have to pay the maintenance charges to builder then you have to pay for it. In court case you can ask for relief of maintenance charges for amenity which is not provided to you.

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  35. what document should we chaek will taking hand over of new soc. from builder

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    Replies
    1. I will post shortly on my blog.

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  36. is it necessary to hire a laywer for the applicationto form a new cooperative housing Society, or the members can on their own apply for the same.
    2nd question is : if not all the members (flat owners) are available to sign the required forms what is the minimum number of members required to form the Hsg. Society

    ReplyDelete
    Replies
    1. No adv. is required. Minimum 60% member sign required for society formations.

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  37. Hello Sir,
    I am staying in a building which has 8 flats in Mhalunge – Pune. The building is in Gram Panchayat Area.
    I have purchased flat 4years back in 2009 end.
    No housing society / apartment has yet formed. Builder keep saying he will do it but the thing is still remained as it is.

    Now what should we do?
    Is there any legal measure to compel builder to do is job?

    Additionally I have few more questions -
    Is LBT of 1% required (Since purchase was made 4 years back) to pay?
    Whose liability LBT is?
    If we our serf apply to form society/apartment, builder still required to pay LBT?
    Is LBT required in my area (since it is not a under Pune Municipal Corporation)?

    Thanks.

    ReplyDelete
  38. AS PER MOFA Act builder is suppose to form Society or Apartment. When you get Conveyance Deed at that time LBT is suppose to pay. Till now you are not suppose to pay LBT.

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  39. Dear Sir,
    We are living in one building with ground floor 6 tenants 3 commercial shop
    owners & from 1st to 3rd floor 8 ownership flats, our building is 32 years old building, our builder is not allowing us to redevelope the building or form a society in building, but he harrased us to contribute maintenance for whole building repairing only by ownership rooms not by their tenants. please suggest us, what is the exact step we have to take against this harrasement

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    Replies
    1. This comment has been removed by the author.

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  40. First you have to register your society,then executed conveyance deed in favour of society then you can do the redevlopment. For hsrrasement you can file criminal,civil and consumer case against builder and land owner

    ReplyDelete
    Replies
    1. for Non registered Society, how the maintenance charges will be collected? per person or per sq.feet of each room? our builder forced
      us to collect the maintenance charges & maintain Bank account in which he will be the one a/c.operator with two room owner. is this correct procedure????????

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    2. Maintenance is collected on sq.ft area of flat/shop/office in society either register or unregister. For your case you should open escort bank account or proposed society bank account , no indivisual account since it creat income tax problem and it is difficult to solve also when you make payment from personal account it will creat problem. So i suggest proposed society account or escort account in which joint sign of builder and two member from society will required.

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  41. This comment has been removed by the author.

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  42. we are living in a building for the past 5-10 yrs, without OC and under builder ownership, inspite of many request and reminder, builder isnot ready to hand over the building to form the society and now he is building another new building at the area which was meant for our garden, need your advise,

    ReplyDelete
    Replies
    1. First you have to do is send objection letter to local municipal authority for construction of new building in garden area. Take all owners sign. For society registration you have go for non cooperation mode. Send letter to builder that you all owner are forming society in non cooperation mode.

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  43. Within how many days become a Society Registration after submiting all documents & Fees.

    Also how many Total fees require to become a society Registration for 12 Flats & 6 Shops.

    ReplyDelete
    Replies
    1. Two months time required for society registration if all documents are properly submited. Society registration fees is fixed Rs.2500/- inrespective of members of society.

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  44. SIR, we want to meet you personally, regarding our building matter, will you
    please share your Mumbai address or telephone No.?

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  45. Dear sir i want to information about flat registration required minimum document and registration process and also stamp duty and registration fees.

    ReplyDelete
    Replies
    1. Parment NA order copy from collector
      Approved building plan from local authority
      Permission letter from local authority to start construction.
      Current month 7/12 or C. T. S extract
      ULC order
      Register development agreement
      Register power of attorny
      Title certificate from advocate.
      Last 30 years search report.
      This is minimum document required for registration.
      For stamp duty it is 5% on market value or your value which ever is higher and registration fees is 1% for this you have to go to your area sub registrar of assurance office and ask them to calculate how much stamp duty and registration fees youhave to pay.

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  46. how to form new co oerative housing society

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  47. Tejasji just go through blog you find all details. Forms you will get from Federation office.

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  48. If in a housing complex there are independent row houses, Multistory flats together. Around 60(+)% residents want a society and 15-30% do not.
    What is the status of non society members vis a vis a society member wrt liablities, obligations,rights etc. Can they be force to members of society? If in a flat portion, some residents do not wish to be members then how land ownership issue answered? Can one decide to opt out out of society subsequently?

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  49. first check in your agreement with builder what is written . If builder has written that he/she will make co-operative society then with 60% member you can make co-operative society with builder co-operation where builder is chief promoter. After making society you can ask register to pass the order against remaining flat to become member of society. opt out from society will not possible . Land conveyance will be given to registered housing society only.

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  50. can we form a society in our bungalow project which is in green zone land and builder is saying no to it

    ReplyDelete
    Replies
    1. If builder is saying No then in Non cooperation you can firm society subject to approval of Dist. Dy. Registrar of C.S.

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  51. Dear Sir. I live in a complex of six buildings and the society is one..its provisional working committee. now we want to make our own society of our building. i dont know if other five buildings want to make their own society but we are determined.. so please guide me is it possible to make our own society without de-registering the existing one?
    Hashim Khan

    ReplyDelete
    Replies
    1. Not Possible. First you have to de- registered the existing society then only you can register wing wise society. Remember for wing wise society drainage line , water line , water take has to separate also wing is not physically connected to each other.

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