The registration process and requirements are governed by Maharashtra State Co-operative Societies Act, 1960 and MOFA 1963.
For registration purpose Housing Societies are classified as follows-
- Open Plot Owner Co-operative Housing Societies
- Flat Owners Co-operative Housing Societies
- Tenant Co-partnership Housing Society
- Housing Board Co-op. Housing Society (CIDCO, MHADA)
- Premises (Commercial Gala/Shop) co-op. Society
To register Co-op. Housing Society, Minimum 10 members, Less than 10 members Societies are also registered as per Maharashtra State Government Ordinance No. 1094 and 277/14 dated 10/3/1995. But such member’s flats should be less than 700 sq.ft. Carpet area.
As per Maharashtra State Government Notification dated 24/7/1992 conditions for registration are liberalized even 50% Promoters from a building are permitted to form Co-operative Housing Society Ltd. and are been Registered by the Co-operative Department. Registration of CHS is the responsibility is of Developer. After 50% of Sale of Flat Registration process is to be started.
50% of the promoters should be ready to form Co-operative Housing Society. If flats are sold as per the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, than it is the duty of the Builder/Developer.
If there is a Builder Non Co-operation Society Registration, then the notice is issued to the Builder. If no response then ex-party decisions are taken for Registration of the Society. Necessary, the case is referred to Div. Joint Registrar.
When the Builder is not registering Society due to some reasons or non co-operation, then Flat Purchases can apply for registration of Co-operative Housing Society under Non Co-operation of Builder. In this case one of the flat owners should be elected as Chief Promoter for Registration purpose and others become Promoters for St. Registration. You have to obtain Name Reservation permission from DDR of Co-operative Societies (District)
The application is made to Asst. Registrar / Dy. Registrar of Co-op. Dept of your jurisdiction area. Society’s Promoters have to suggest One Plus Four proposed Society Reservation Application is to be submitted. Accordingly name is reserved and Co-op. Department gives information to the applicant as per provision of M.C.S. Act 1960. Registrar Certificate is issued with covering letter to the Society.
Handover Process – Officer’s name is mentioned who will attend First General Meeting (Normally the officer concern does not attending the meeting) and handover the Accounts + Documents to Provisional Managing Committee. In this case the Builder becomes Chief Promoters and other flat owners become Promoters for Registration Purpose.
In absence, all members have to hold meeting and has to elect Provisional Meeting Committee, whose working period will be One year. After First Annual General Body Meeting, Provisional Managing Committee is replaced with new Managing Committee whose working period will be five years as per bylaws of the Housing Society). Such election is done through State Election Authority of Co-op. Department.
