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Member is a person who had joined in the application for registration of their cooperative residential society which was subsequently registered or a person who was later admitted to the membership of the society after registration.

Reference: Number (xxiv) in Interpretation section of Model Bye-laws

If the Co-operative Housing Society did not convey the definite positive or negative decision regarding membership within 3 months from the date of receiving application for membership , then by forwarding an application to the Dy/Asstt/ Registrar of the concerned Housing Society , the applicant can demand for the Deemed Membership .The Registrar may pass legitimate order in regards of the membership by taking an appeal of the applicant and member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under bye laws No. 47 (B) a member desiring to make additional construction or changes in the construction, he should have to make an application with all details to the Secretary of the Society. The Secretary and committee of the Society will take further action on such application as mentioned in the bye-laws no. 65.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The resignation of a member of the Society will be accepted only after the member has made payment of the charges due and payable by him to the society in full.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A Nominal Member, occupying the flat on behalf of a firm, company or any other body corporate, may resign from his nominal membership, at any time, by writing a letter of resignation addressed to the Secretary of the Society through the firm, the company or any other body corporate, on whose behalf he is occupying the flat.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The term Premium is defined under the Bye-law No. 3(xxvii) of the Model Bye-laws of the Society. ‘Premium’ means and includes the amount payable to the society by the member who is transferring his shares and interest in the capital/property of the Society, in addition to the transfer fees to be paid by him as provided under the Bye-law No. 38(e)(ix).

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

When any resignation is rejected, the Committee has to record the reasons therefore and also communicate the same to the member concerned within 3 months of the date of receipt of notice of resignation.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

if there is no NOC letter from the original member, then the society may deny the application of B. However if B gave his consent / NOC then B can be made co-member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

As per Bye-law No. 40 of the Model Bye-laws of the Society, the transferee will be eligible to exercise the rights of membership on receipt of the letter in the prescribed form from the Society; subject to the provisions of the MCS Act 1960 & Rules made there under.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs


 If the society  has approved the application of “A” then after the death of “A” ,the name of “C”  will come first on the share certificate and the name of “B”  will remain second.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Associate or Nominal member may be given the right to occupy the flat after taking the consent of the member and permission from the Society, and subject to the conditions set out by the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Secretary of the Society has to place the letter of the resignation given by the associate member duly recommended by the member concerned, before the Committee members during the meeting of the Committee, held next after the receipt of the letter of resignation for acceptance by the Committee.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Secretary of the Society has to communicate the decision of the Committee accepting the resignation, to the member concerned and his sub-letter the licensee, the caretaker, or as the case may be, the possessor of the flat or part thereof, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee records the reasons therefor in the minutes of its meeting and the Secretary has to communicate the same to the member concerned and his sub-letter, licensee, or caretaker etc. within the time specified above.

Reference: Bye Law  30  in Model Bye-Laws

 A nominal member has no rights that  a member of the Society has.

Reference:https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Active member is the person :

  1. Who has purchased and/or owns the Flat / Unit in the Society.
  2. Who has attended at least one General Body Meeting of the Society in the previous Five consecutive Years
  3. Who has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years.
  4. Provided that nothing in point no. 2 shall apply to the member whose absence has been condoned by the General Body of the society.

Reference : Number (xxiv) (a) in Interpretation section of Model Bye-laws.

If there is a nominal member, who is occupying the flat on behalf of the firm, company or any other body corporate, he shall cease to be such member of the Society in the following circumstances:

(i) On his death,
(ii) On the acceptance of his resignation by the Committee,
(iii) On the cessation of membership of the original member on whose behalf he occupies the flat in the Society,
(iv) On the cessation of his nomination on account of expulsion of the original member,
(v) On intimation from the original member of termination of the occupant's nomination.

The Committee shall take further action in the matter as indicated in the bye-law no.61

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Secretary has to communicate the decision of the committee, accepting the resignation of the Associate Member, to the member and his Associate member within 15 days of the decision taken by the committee. If the resignation is rejected, the Committee records the reasons thereof in the minutes of its meeting and the Secretary has to communicate the same to the member and his associate member within the time specified above. If the resignation is not granted within the specified period, then the same is deemed to be accepted.

https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In case of expulsion from the membership of a Society, it involves forfeiture of the shares held by the member. Where the Committee decides that expulsion from membership should also involve forfeiture of the shares, it has to make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the MCS Rules, 1961.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The number of members in the Society is limited to the number of flats constructed in the building. Number of members in excess of the number of flats shall neither have any right, title or interest in the society’s property nor shall they be eligible for voting. It is binding on the committee to induct the members to the extent of the number of flats.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, a member can be expelled on the following grounds:

·         Has persistently failed to pay the charges due to

       the society

·         Has willfully deceived the society by giving false

information.

·         Has used his flat for immoral purposes or

misused it for illegal purposes habitually

·         Has been in the habit of committing breaches of any of the provisions of the byelaws of the society, which, in the opinion of the Committee, are of serious nature.

·         Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.

·         Is classified as a Non-Active member who does not attend at least one meeting of the general body in next five years from the date of classification as Non-Active member with the intimation to such member and Registrar



Reference: Bye-Law 51 in Model Bye-laws.

An Associate Member is a member who holds a share jointly  of the Society with the other member, but whose name does not stand first in the share certificate.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A sub-lettee, licensee, caretaker or possessor of a flat or part thereof, who has been admitted as a Nominal member of the Society may resign his nominal membership at any time, by writing a letter of the resignation addressed to the Secretary of the Society, through the member who has been given the permission by the Committee to sub-let, given on leave and license or caretaker basis the flat or part thereof or part with its possession in any other manner.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member, who has been duly expelled from membership of the Society, ceases to be the member of the society, with effect from the date on which the resolution of expulsion from the membership of the Society is approved by the Registering Authority. The forfeiture of the shares takes effect simultaneously with the expulsion of the membership.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The society acquires the shares and interest of the member in the capital/property of the Society on acceptance of the resignation of the member under Bye-law No. 27 and pays him the value thereof as provided under the Bye-law No.66.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If the original member gave consent then the co-member can exercise the rights of the member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A person whose application is rejected by the society then, he may submit an appeal before the concerned Registrar of societies under section 23(2) of the Maharashtra Co. Operative societies Act.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under provisions in section 29(2) of the Maharashtra Co. operative society Act. 1960, any member cannot transfer any part hold by him in the capital or property of the society or interest which he hold not less than one year.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In case the society has been given land by the Government/ CIDCO/ MHADA or any other authority for constructing houses thereon, then notwithstanding anything contained in the bye-laws, admission of a person to membership of the Society, direct or as a result of transfer of shares and interest of the existing member in the capital/property of the Society, shall be subject to the approval of the concerned competent authorities such as collector of the District.

https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Any individual, a firm, a company or a body corporate, registered under any law for the time being in force, who/which is eligible to be an associate member and who/which is intending to become an Associate member and who/which has made an application in the prescribed form for such membership on that behalf, along with the entrance fee of Rs.100/- may be admitted as an Associate member by the Committee.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In the event that there are no charges of the society outstanding with or to be paid by the member, the Committee accepts the resignation of the member and the Secretary of the Society communicates the same to the member within a period of 3 months from the date of the receipt of the notice of the resignation. In case nothing is communicated by the Committee to the resigning member during the said period, then it will be deemed that the resignation is duly accepted.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The person shall cease to be the member of the Society in the following circumstances:

(i) On his resignation from membership of the Society having been accepted by the Committee.
(ii) On transfer of all his shares and interest in the capital/property of the Society.
(iii) On his death.
(iv) On his expulsion from the membership of the Society.
(v) On being adjudged as an insolvent or legally disabled from continuing as member.
(vi) If the whereabouts of the member are not known for continuous seven years and if his shares and interest in the property/capital of the Society is not claimed by anybody else.
(vii) On the cessation of right/title and interest as a member in the property of the Society by way of legal attachment or sale.

The committee shall take further action in the matter as indicated in the Bye-law No. 61.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Any transfer which is made in contravention of the Act, Rules or the bye-laws is deemed to be unauthorized and void and will not be effective against the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Eligibility for the membership in co-operative Housing Societies is mentioned in section 22(1) Accordingly, any person who is eligible for executing contract under Indian Contract Act 1872, Membership of the Co-operative Housing Society can get to any firm, company or society constituted by law or the registered under societies registration Act 1960 or society, registered under Co-operation law, State Government as Central Government, Local Authority Public Trust. However it is necessary that ownership rights as a flat owner or gala owner of the Housing societies should have to be acquired by legal documents. In addition, the following conditions should have to be fulfilled for the membership under rule 19 of the        Co-operative law.


1. It is necessary to make an application for membership in prescribed documents format with prescribed documents under bye-laws and co-operation Act for membership of society.
2. It is necessary to give an approval to the membership application first by the managing committee and by the general body meeting.
3. Necessary to have a eligibility under law, rues bye-laws

It is necessary to attached resolution giving powers with an application of membership by company, firm, trust local authorities etc. other than person.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member of the Society, who has been expelled from the membership, will not be eligible for re-admission to membership in the society, until expiry of the period of one year from the date of his expulsion. However, if the expelled member is recommended in the meetings of the general body of the Society, he may be readmitted to its membership, as a special case, before the expiry of the period of one year, with the prior permission of the Registering Authority.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Committee has to record the facts of cessation of Members’ membership of the Society under the Bye-law No. 57 and of Associate and Nominal members’ membership respectively under the Bye-law Nos. 58, 59 and 60, in the minutes of its meetings and accordingly the Secretary of the Society has to inform the concerned members in writing within seven days from the date of such decision of the Committee.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Secretary of the Society, on receipt of the notice of intention to transfer, has to place the same before the meeting of the Committee, held next after the receipt of the notice, and has to point out whether the member is prima-facie eligible to transfer his shares and interest in the capital/property of the Society in view of the provisions of Section 39(2)(a) of the MCS Act, 1960.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The society may initiate action as prescribed under section 35 of the Maharashtra co. operative societies Act 1960. After registrar given approval for appellation, the society may take possession of the galas.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, a member can resign from his membership of the cooperative residential society after giving 3 months of notice.


Reference : Bye-Law 27 in Model Bye-laws.

If the society has denied in accepting the application, then  by forwarding such an application to the Dy/Assistant Registrar office under section 23 (1) (a) or there is a provision to forward the same to the society through the office o f the Dy./Asstt. Registrar .However, the cheque of the prescribed should also be attached with such an application.

Provision is there to give the said application in the prescribed format ‘H1’ under rule 19 A to the office. It is obligatory that the society should inform about the decision to the division and the member,  within 60 days of the date of application received through the office of the Dy./Asstt. Registrar. Decision of the whether the society has approved the membership or not? And if the society has not given decision then the provision to appeal to the Dy/Asst Registrar has been provided in the same section

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A meeting of the Committee or the General Body, as the case may be, do not usually have the power to refuse any application for admission to membership or transfer of shares and interest in the capital/property of the Society except on the ground of non compliance of the provisions of the Act, the Rules and the Bye-laws of the Society or any other law or order issued by the Government in exercise of the statutory powers vested in it.

https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, in the absence of the original member, a co- member can take part in the proceedings of the society. However, the original member’s written consent is necessary for this.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The society can take action under bye-laws no 69 and as answer given on above question.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The committee of the society shall issue a duplicate share certificate, on application, to its members on production of following documents -

  1. If the share certificate is lost – the copy of Police Complaint lodged and affidavit.
  2. If the share Certificate soiled/ burnt/ torn / disfigured etc- affidavit along with the original share
    certificate.

Reference:  Bye Law 9B in Model Bye-laws.

A member is restricted to do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the other members of the Society or carry on practices which may be repugnant to the general decency or morals of the members of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A minor or a person of unsound mind who inherits shares and/or interest of a deceased member in the capital/property of the society, or if a minor or person of unsound mind is nominated, he may be eligible for admission to membership of the Society through his guardian or legal representative, on through an application in the prescribed form, along with submission of proper undertakings/ declarations, in the prescribed forms, as mentioned in the application.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

As provided under Rule 21 (1) of the MCS Act, 1961, a member may resign his membership after giving three months notice, in the prescribed form to the Secretary of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Any member, who is desirous of making any addition or alteration in his flat, has to make an application to the Secretary of the Society, and give him all the required particulars about the additions or alterations intended to be made by him.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Transfer Fees is the sum of money payable by a transferor to the Society for the transfer of his shares along with occupancy right as provided under the Bye-law No. 38(e)(vii). The term Transfer Fees is defined under the Bye-law No. 3(xxvi) of the Model Bye-laws of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Secretary of the Society has to place the letter of the resignation given by the nominal member duly recommended by the firm, the Company or any other body corporate, before the Committee members during the meeting of the Committee, held next after the receipt of the letter of resignation for acceptance by the Committee.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

On receipt of  notice of transfer of shares, the Secretary of the Society shall place the same before the meeting of the Committee, held next after the receipt of the notice,pointing out whether the member is prima-facia eligible to transfer his shares and interest in the capital/property of the Society, in view of the provisions of Section 29(2)(a) of the Act.
In the event of ineligibility (in view of the provisions of section 29(2) (a) & (b) of the act) of the member to transfer his shares and interest in the capital/property of the Society, the Committee shall direct the Secretary of the Society to inform the member accordingly within 8 days of the decision of the Committee."No Objection Certificate" of the Society is not required to transfer the shares and interest of the
transferor to transferee. However in case such a certificate is required by the transferor or transferee,he shall apply to the Society and Committee of the Society may consider such application on merit, within one month.

Reference: Bye Law  No 38 in Model Bye-Laws

The Secretary of the Society has to communicate the decision of the Committee, accepting the resignation, to the firm, company or the body corporate and the nominal member, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee records the reasons therefor in the minutes of its meeting and the Secretary has to communicate the same to the firm, company or the body corporate and the nominal member within the time specified above. If the committee does not take any decision thereof within 3 months, the said registration shall be deemed to have been accepted.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The following repairs and maintenance of the property of the society shall be carried out by the society at its costs:

(i) All internal roads, (ii) Compound walls, (iii) External water pipelines, (iv) Water pumps, (v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls,(x) Structural repairs of roofs of all flats, (xi) Stair-case lights, (xii) Streetlights, (xiii) Outside walls of the building/buildings, (xiv) All leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line, (xv) Lifts, (xvi) The damaged ceiling and plaster thereon in the top floor flats on account of the leakage of the rain water through the terrace.

The repairs which are not covered under Bye-law No. 160(a) are to be carried out by the members at their cost.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Normally, a “No Objection Certificate” of the Society is not required or mandatory for the transfer of shares and interest of the transferor to the transferee. However where such a certificate is required by the transferor or transferee, he can apply to the Society and the Committee of the Society will then consider such an application on merit within one month from the making of such application.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

No member, without the advance permission of the committee, in writing, is allowed to stock or store any kind of goods or materials, which are combustible, obnoxious or any other kind of goods for the storing of which permit/sanction of the competent authority under any law relating thereto is required.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The nominal member, who is a sub-lettee, licensee or care taker or possessor in any other manner of the flat or the part thereof, shall cease to be such member of the Society in the following circumstances:

(i) On his death;
(ii) On his resignation having been accepted by the Committee;
(iii) On the cessation of the membership of the original member;
(iv) On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and licence or care-taker basis.

Note: The words “original member” used in the by-laws Nos. 57, 58, 59 and 60 mean the member, with whom the associate member held the shares of the society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal member occupies flat in the society's building or the member who has been permitted to sub-let, give on leave and license or caretaker basis his flat or part thereof or part with its possession in any other manner.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member, who is deemed to have been allotted the flat under Bye-law No. 76(a) of the Society, has the right to occupy the flat subject to the terms and conditions set out in the letter of allotment in the prescribed form under the said bye-law.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In the event, the decision of the Committee/General Body Meeting as the case may be, on the application for transfer of shares and/or interest in the capital/property of the society is not communicated to the applicant within 3 months of its receipt, the transfer application is deemed to have been accepted and the transferee shall be deemed to have been admitted as a member of the society as provided under Section 22(2) of the Act.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The person will cease to be an Associate member of the Society when the original member ceases to be the member of the Society or on the death of the Associate member or on the acceptance of resignation from the Associate member by the Committee. The Committee takes further action in the matter as indicated in the Bye-law No. 61.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In the event that the member who proposes to transfer his shares and interest in the capital/property of the Society is ineligible to carry out the said transfer, the Committee has to direct the Secretary of the Society to inform the member accordingly within 8 days of such decision by the Committee.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Any Sub-lettee, a licensee or a care-taker, or occupant who/which is eligible to be a nominal member and who applies through the original member for such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100/- may be admitted as such nominal member by the Committee of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member of the Housing Society received following Powers/Rights after getting membership.

  1. Get the right to take possession of his flat.
  2. Get right to make co-member/nominal member.
  3. Get a right to received bye-laws copy.
  4. Get a right to inspect concerned account and other papers mentioned in Section 32(2) and to get copies of that.
  5. Get a right to be present in General Body Meeting.
  6. Get a right to fill a form as a candidate for Managing Committee Election if he is not defaulter.
  7. Get a right to cast vote in the election of the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

More than 50 percent membership cannot be given to the firm, companies in the co. operative Housing society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

After an application for membership of society is given ,the society  has also approved and he/she has paid necessary fee to the society, then only he/she can exercise his right of membership.Otherwise even though the society approves membership ,the right of membership cannot not be exercised till payment of necessary fee is made.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

According to provision under bye-laws no. 38, premium cannot charge while transferring the gala in the name of a person in the family.

https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Secretary of the society shall, where any charges are found payable by the member of the Society, intimate the same to the member giving him full details and reasons of dues thereof, within 15 days of the receipt of the notice of resignation, and advise him to make the full payment thereof within 30 days from the date of the intimation so given.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The member of the society, requiring copies of the following documents shall pay copying fees at the rates mentioned against them:

  1. Bye-law of the society Rs.10/- more than the cost price.
  2. Amendment of the bye-laws of the society Rs.2/- per page.
  3. Last audited Balance Sheet of the society Rs.10/- per page.
  4. Application for membership of the society Rs.5/-.
  5. Second and Subsequent Nomination by the member of the society Rs.5/-
  6. Share Certificate of the society Rs.50/-.
  7. List of members of the society Rs. 5/- per page.
  8. Correspondence (related to member) Rs. 5/- per page.
  9. Minutes of the General Body meetings and Committee meetings Rs.5/- per page.
  10. Indemnity Bond Rs.10/-.


Besides this, for certified copies of the documents a fee shall have to be paid as per Rule 27 of the M.C.S. Rules, 1961.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Only whose name is first on the share certificate, he can exercise the right of membership.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member who desires to transfer his shares and interest in the capital/property of the Society has to give 15 days’ notice of his intention to do so to the Secretary of the Society in the prescribed form, along with the consent of the proposed transferee in the prescribed form.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

There are three main types of membership of Housing Societies. They are as follows:

Member –
Whose name id included in the registration proposal by the Society or who has given membership after registration, such person/Institute, trust company are called member sole name of such members is on the share certificate. Similarly if other persons are joint members with the than the members name is mentioned on sr. No. 1

Co-Member –
If persons holding shares of the society jointly with original member then there name is on the sr. no. 2, 3, 4, 5 etc. serially.

Nominal Member –
Nominal member means the membership given by the society without issuing shares or share certificate. Such membership is given under section 91 or under other sections to make it feasible in taking legal action under co. operative law. Housing societies can give such a nominal membership to tenant or care takes.

  Sympathizer Members -
A person who agree with the object of the society is called sympathizer member. However definition in this regard is not in the bye-laws of the housing societies.

Only member or in his absence and with his permission a co-member can attend the meeting society’s general body meeting and can participate in the election as voter or candidate. It the co-member elected, he may also office bearer. However these rights are not available to the nominal member or sympathizer member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under provision in bye-Laws No. 38, premium cannot be charged while transferring the gala in the name of the person in family.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15 days' notice of his intention to do so to the Secretary of the Society in the prescribed form, along with the consent of the proposed transferee in the prescribed form.

Reference: Bye Law 38(a) in Model Bye-Laws

A member who removed from the society formally, such a member will not be able to continue his stay in his flat. And he has to make an arrangement to give possession of the flat to the secretary of the society without any complaint and hindrance in the period decided by the committee by vacating the flat. If he fails to do so then he is eligible for expulsion.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The members, desiring to exchange their flats, have to make a joint application to the Secretary of the society, containing the following details:

  • The names of the members concerned;
  • The distinctive numbers of their respective flats;
  • The carpet areas (in sq. meters) of their respective flats;
  • The building number/numbers and name/names of the building/buildings in which their respective flats are situated;
  • The reason for exchange of flats;

Reference: Bye Law 41 in Model Bye-Laws

A member desiring additional construction work or changes in the construction, he should give application with all necessary details to the secretary of the society. And if necessary he should to take permission of the municipality. He go to the Municipal Corporation by making an application with no objection certificate of the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

An Associate Member can resign from his membership of the Society at any time by writing a letter of resignation and submitting the same to the Secretary of the Society, through the member, with whom he was holding the shares of the Society jointly.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member of the society may, by writing under his hand, in the prescribed form, nominate a person or persons to whom the whole or part of the shares and/or interest of the member in the capital/property of the society shall be transferred in the event of his death.


Reference : Bye-Law 32 in Model Bye-laws.

The Transferor/Transferee has to submit following documents and make the compliance as under:

(i) application for transfer of his shares and interest in the capital/property of the Society, in the prescribed form along with the original share certificate;
(ii) application for membership of the proposed transferee in the prescribed form;
(iii) resignation of outgoing member in the prescribed form bye laws No.27 (a) Appendix No. 13;
(iv) Registered agreement duly stamped;
(v) valid reasons for the proposed transfer;
(vi) undertaking to discharge the liabilities to the society by the transferor;
(vii) payment of the transfer fee of Rs. 500/-;
(viii) remittance of the entrance fee of Rs. 100/- payable by the proposed transferee;
(ix) Payment of amount of premium at the rate to the fixed by the General Body meeting but within the limits as prescribed under the circular, issued by the Department of Co-operation Government of Maharashtra from time to time;No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from transferor or transferee;
(x) submission of 'No objection' certificate, required under any law for the time being in force or order or sanction issued by the Government, any financing agency or any other authority;
(xi) the undertaking/declaration in compliance with the provisions of any law for the time being in force in such form as is prescribed under these bye-laws.
Note: The condition at Sr. No. (ix) above shall not apply to transfer of shares and interest of the transferor in the capital/property of the society to the member of his family or to his nominee or his heir/legal representative after his death and in case of mutual exchange of flats amongst the members.


Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Till the court does not decide such decisions are invalid they are valid. However the new committee can make changes in it.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, if a member paid dues of the society before the scrutiny of the nomination then that member is eligible for contesting the election.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Such an application can be kept before the general meeting for approval and even after the approval of the resignation in the general meeting, the charge of the office is entrusted to the previous managing committee only till alternate arrangement is made or ad-hoc committee is appointed. Till new committee is formed,this ad-hoc committee will manage the society . However it is obligatory that important decisions like financial and policy matters should not be taken by such committee. They should look after day to day working only.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

As provided in the bye-laws no. 135, the chairman has got the right of casting vote.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Office bearers of the new committee can make an application to the registrar. By taking action under section 80 of the Maharashtra co. operative societies act. 1960.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Subject to the provisions of the Bye-law No. 123(a), the Secretary of the outgoing committee has to issue the notice of the first meeting of the newly elected Committee and the outgoing Committee to the members thereof.On failure of the Secretary of the outgoing Committee to convene the said meeting, the Chairman of the outgoing Committee calls it.On the failure of both, the Registering Authority calls such a meeting.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The tenure of the committee is decided as per bye-laws of the co-operative housing societies. As per model bye laws the tenure of the committee is 5 years.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If a member is held responsible under section 79, 88 or 85 then he would not be eligible for re-appointment in the managing committee, for re-incorporation, for re-election he could be eligible after 5 years from the date on which he was disqualified.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In such a situation the registrar can appoint as administrator.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The role of the secretary is to carry out the below functions and he/she has some powers and duties as below:

  •   To issue share certificate / duplicate share certificate to members within the stipulated period and the prescribed manner.(Based on Bye-law 9 and 10)
  • To deal with resignations from members, including associate and nominal members. (Based on Bye-law  27 to 30)
  • To enter nominations and revocations thereof in the Nomination Register. (Based on Bye-law 33)
  • To inspect the property of the society. (Based on Bye-law 48(a) )
  • To issue notices regarding repairs to be carried out in flats. (Based on Bye-law 48(b) (c) ).
  • To deal with cases of expulsion of members. (Based on Bye-law  51 to 66)
  • To deal with cases of cessation of membership, including associate and nominal membership.(Based on Bye-law       61 )
  • To deal with the applications for various purposes received by the society. (Based on Bye-law  65)
  • To prepare and issue demand notices/bills for payment of the society's charges.(Based on Bye-law  70)
  •   To bring cases of defaults in payment of the society's charges to the notice of the Committee. (Based on Bye-law  71)
  • To issue letter of allotment of flats. (Based on Bye-law  76(a))
  • To issue notices and agenda of all meetings of the general body. (Based on Bye-law  99)
  • To record the minutes of all the meetings of the general body. (Based on Bye-law  109)
  • To call the first meeting of the newly constituted Committee. (Based on Bye-law  123(b))
  • To issue notices of all the meetings of the Committee. (Based on Bye-law  133)
  • To attend meetings of the Committee and to record minutes thereof. (Based on Bye-law  137)
  • To maintain account books, register and other records, unless otherwise decided by the Committee. (Based on Bye-law 144)
  • To finalise account of the society in the required manner.  (Based on Bye-law  147(a))
  • To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman. (Based on Bye-law  153)
  • To prepare the audit rectification reports in respect of audit memos received from the Statutory and Internal Auditors. (Based on Bye-law  154)
  • To bring breaches of the bye-laws by the members to their notices under instructions from the committee. (Based on Bye-law  166)
  • To discharge such other functions under the MCS Act, 1960 the MCS Rules1961 and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove.
  • To place the complaint application with facts, before the Committee, in the coming meeting. (Based on Bye-law  174)

Reference: Bye-Law 142 in Model Bye-laws.

In such a situation, the right to stay as a member on the committee is withdrawn from that concerned member and he is expelled under section 78 by making application to the registrar.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

When the new Committee is elected, the Secretary of the outgoing Committee prepares the list of papers and property of the Society in his custody and hands over the charge thereof to the outgoing Chairman. The retiring Chairman then hands over the charge of the office of the Committee and all papers and property of the Society, in his possession to the Chairman of the new Committee, as per the provisions contained in Section 160 of the MCS Act, 1960.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The day to day management of the society is entrusted to the managing committee constituted after elected legitimately.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If the Committee or the General Body, as the case may be, decides to reject any of the applications received from the members, it has to record, in the minutes of its meetings, the reasons for the rejection of the applications.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Only one managing committee should exist in one housing society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A secretary can accept the resignation of the chairman under provisions in bye-law No. 132 (1). A written letter is necessary thereof. Thereafter the committee can take decision for approving the resignation.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Appeal can be made before the registrar within 3 days from the date of denial of nomination under section 152 A of the Maharashtra Co. Operative Society Act. 1960.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

As provision is made in bye-laws No. 133, if federation was informed then such a meeting  can be called by the federation.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The concerned committee member has become disqualified as a committee member as he had not paid his dues to the society. He cannot look after the working of the society once he becomes defaulter. After paying all dues, such a member is eligible for re-election, re-incorporating.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

This committee comes into existence as per election rules after the election of committee. As per provisions under section 73 the Maharashtra Co-operative societies Act 1960

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

According to provision under section 27(1) of the co. operative Act. If positive and negative votes are equal on some resolution in the managing committee meeting, than the chairman of the society has a right to cast his additional votes.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In section 77 of the Maharashtra Co. Operative societies Act 1960 it has not been noted that the decision taken in the period mentioned above are illegal.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

No confidence resolution can be moved against the chairman/Dy. Chairman, secretary, and treasurer. The concerned office bearer can be expelled by passing a resolution through voting of 2/3 members. Once a no-confidence motion is rejected then it could not be moved for six months from the date of resolution. If there is distrust against employees then the society may take action by giving them sufficient opportunity and by hearing them.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The committee has no right to expel member in such a way.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Any eligible Ex-committee member can contest the election.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The date on which the interim committee is formed, one year period from that date is supposed to be the tenure of the interim committee.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In the circumstances mentioned below, no person is eligible for getting elected as a committee member or its co-opted member according to the provision under bye-laws No. 118:

  • If a person was convicted for the offense of moral degeneration, then not until 6 years period lapse from the charge proved.
  • If a person is ineligible to pay the dues of the society within three months from the date of receiving notice demanding dues of the society, sent with the acknowledgement of post or by hand delivery.
  • If he was held responsible under section 79 or 88 of the Act or held responsible for paying the enquiry cost under section 85 of the Act.
  • If he has given his gala or part of it as subtenant or on lease system or as on case taker basis or by other way possession is give to some other person without written permission of the society or if he had sold share capital against interest of the society.
  • In respect of the co-member if he did not submit NOC and guarantee letter prescribed in the bye-laws of the original member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Committee of management or board of directors or the governing body or other

directing body of a cooperative Housing society, by whatever name called,

to which the    management of the affairs of a society is entrusted

and vested under section 73 of the Maharashtra Co-operative Societies Act 1960 (Amendment 2013)

 

Reference: Number (iv) in Interpretation section of Model Bye-laws.

Members are incorporated in the committee on vacant posts due to the reasons of death, resignation, disqualify, dismissal of a committee member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, Member can have access to the bye-laws. They will have to pay copying fees by the rate of Rs 5 per page.

Reference: Bye-law No.172 in Model Bye-Laws

Yes, Cooperative Bye-laws can be passed but they cannot be contrary to the Constitution of the country and go against the Maharashtra Co-operative Societies Rules, 1961.

The annual general body meeting of the society shall be held on or before 30th September each year as provided under Section 75(1) of the Act as there is no provision for extension to hold AGBM . In case of default in calling the Annual General Body Meeting as above shall attract disqualification and action as provided under section 75(5) of the Act. Act means Maharashtra Co-operative Societies
Act 1960 (Amendment 2013)

Reference: Bye Law No 96 in Model Bye Laws


The first general body meeting of the promoters, who have signed the application for registration of the Society, shall be held within the period of 3 months of the date of the registration, of the Society, as provided under Rule 59 of the Rules. It shall be the responsibility of the chief Promoter of the Society to convene the said meeting within the stipulated period.

Reference : Bye-Law 87 in Model Bye-laws.

There are the following meetings to be conducted by a society:

  • Management Committee Meeting
  • Special General Meeting
  • Annual General Meeting

At the first general meeting of the society, the following business shall be transacted:

  1. Election of a President for the meeting,
  2. Admission of new members (other than the
    promoters) who have applied for membership of
    the society.
  3. Receiving and approving the statement of
    accounts, as prepared by the Chief Promoter of
    the Society, up to 14 days prior to the date of the
    first general meeting of the Society.
  4. Constitution of a Provisional Committee until
    regular elections are held under bye-laws of the
    society. The Provisional Committee shall have
    the same powers and functions as the committee
    elected in accordance with the bye-laws.
  5. Fixing the limit up to which funds may be
    borrowed.
  6. Authorizing the Committee to secure conveyance
    of the right, title and interest in the- property, in
    the name of the Society, from the Promoter
    (Builder)
  7. Appoint internal auditor of the Society for the
    year, if necessary and fix his remuneration
  8. Authorize one of the members of the Provisional
    Committee to call the first meeting of the Provisional Committee
  9. Consider affiliation of the society as member of
    the Housing Federation of the District and other
    institutions mentioned in the bye-law No. 6,
  10. Consider any other matter to be brought before
    the meeting with the permission of the Chair,
    excepting those requiring proper notice.

(IN ADDITION FOLLOWINGS ARE APPLICABLE FOR
PLOT-PURCHASED TYPE SOCIETY)

  1. To review and approve the report of the Chief
    Promoter of the Society regarding the work done
    and proposed to be done with reference to the
    financial and physical aspects of the scheme of
    construction
  2. To confirm the agreement for purchase of the
    plot/building for the society entered into by the
    Chief Promoter of the society with the vendors
  3. To approve the site plan and the scheme of
    construction.
  4. To confirm the appointment of the architect of the
    society made by the Chief Promoter of the
    society or to appoint an architect if no such
    appointment is made by the Chief Promoter of
    the Society or -to appoint a new architect in place
    of the one already appointed.

Reference: Bye law 90 of Model Bye Laws

Annual General Meeting (AGM) is a meeting in which the management committee and the other   members of the society discuss on certain issues and facts which are mentioned in the agenda of the AGM. The annual general body meeting of the society shall be held on or before 30th September each year as provided under Section 75(1) of the Act. (As there is no provision for extension to hold AGBM)

Reference : Bye-Law 96 in Model Bye-laws.

A special general body meeting of the Society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt or requisition, in writing signed by at least 1/5th of the members of the Society or from the Registering Authority or from the Housing Federation, to which the Society is affiliated. The meeting so convened shall not transact any business, other than that mentioned in the notice of the meeting fixing date, time and place for a special general body meeting requisitioned.

 

Reference : Bye-Law 98 in Model Bye-laws.

The contribution which can be collected from the members of the society towards outgoings and establishment of its funds, referred to in the bye-laws are termed as 'charges'. The charges to be collected may be in relation to the following:

  1. Property taxes
  2. Water Charges
  3. Common Electricity Charges
  4. Contribution to Repairs and Maintenance Fund
  5. Expenses on repairs and maintenance of the lifts of the Society, including charges for the running the lift
  6. Contribution to the Sinking Fund
  7. Service charges
  8. Car Parking Charges
  9. Interest on the defaulted charges
  10. Repayment of the installment of the Loan and Interest
  11. Non-occupancy Charges
  12. Insurance Charges
  13. Lease Rent
  14. Non-Agricultural Tax
  15. Any Other Charges

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, Co-operative Housing Society can accept donations. However it cannot be accepted from the transferee and transferor.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Education and Training Fund  can be created from the Members  as contribution of Rs 10 per month per unit or as decided by the General Body.


Reference: Bye law 13(d) in Model Bye-Laws

The service charges of the Society can include the following:

  1. Salaries of the office staff, lift-men, watchmen, gardeners and any other employees of the Society;
  2. Where the Society has independent office, the property taxes, electricity charges, water charges etc. for the same;
    Printing, Stationery and Postage;
  3. Traveling Allowance and conveyance charges to the staff and the members of the committee of the Society;
  4. Sitting fees paid to the members of the committee of the Society;
  5. Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.;
  6. Annual Subscription of the Housing Federation and any other cooperative institution to which the Society is affiliated;
  7. Entrance Fees for affiliation to the Housing Federation and any other co-operative institution;
  8. Audit Fees for internal, statutory and Construction work re-audit, if any;
  9. Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any;
  10. Retainer fees, legal charges, statutory inquiry fees;
  11. Common electricity charges;
  12. Any other charges approved by the General Body at its meeting.

However such charges should not be contradictory to the provisions of the Act, Rules and Bye-laws of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The term Major Repairs Fund is defined in the Bye-law No. 3(xviii) of the Model Bye-laws of the Society. “Major Repair Funds” means a fund which is created by the society for the purpose of Major Repairs to be done to the Society building, such as plastering, building of compound wall, pavement, total painting, reconstruction, etc.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is the committee's duty to fix the Society charges with respect to every flat on the basis of the provisions as laid down under the Bye-law No. 69(a).

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The term Working Capital is defined under the Bye-law No. 3(xxviii) of the Model Bye-laws of the Society. “Working Capital” means the funds which are at the disposal of the society and is inclusive of the paid up capital, share capital, funds created out of profits and money raised by borrowing or by any other means.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25 per cent per annum of the construction cost of each flat incurred during the construction of the building of the society and certified by the Architect, excluding the proportionate cost of the land

Reference: Bye Law 13(c) in Model Bye-laws.

The Secretary of the society has to bring the cases of defaults in payment of the Society's charges by the members to the notice of the Committee for taking further necessary action on the same.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Society, while finalizing its accounts for the preceding Co-operative year, can appropriate all amounts referred to in the bye-law No. 12 (i) (a) to (e) to the Reserve Fund of the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Deposits from members and loans may be received by the Society for such period and at such rate of interest and up to such amount and on such terms and conditions as may be determined by the committee, provided that at no time, the total amount of such liabilities shall exceed the limit as prescribed under Rule 35 of the MCS Rules, 1961.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Reserve Fund of the society shall comprise of —

  1. the amounts carried to the said fund, from year to
    year, out of the net profit of that year, subject to the
    provisions of Section 66 (1) and (2) of the Act;
  2. all entrance fees received by the society from its
    members;
  3. all transfer fees received by the society from its
    members on transfers of the shares, along with the
    occupancy rights;
  4. all premium received by the society from its
    members on transfers of their interest in the capital or
    property of the society;
  5. all donations received by the society, except those
    received by it for the specific purpose.

Reference:  Bye Law  12(i) in Model Bye-laws.

The Repairs and Maintenance Fund, at the rate fixed at the general body subject to the minimum of 0.75 per cent per annum of the construction cost of the flat,incurred during the construction of the building of the society and certified by the Architect, for meeting expenses of normal recurring repairs of the society buildings/property.

Reference: Bye Law 13(a) in Model Bye-laws.

As per provisions under bye-laws no. 69 (6) there is a provision to charge the service charges to all flat in equal proportion.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Society can create and establish the Major Repairs Fund by collecting contributions from its members as and when required and decided by the general body at the rate fixed on area basis.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The different methods by which housing society can generate funds are :

  • by entrance fee
  • by issue of shares
  • by loans and subsidies
  • by deposits
  • by voluntary donations, (but not from Transferor and Transferee)
  • by contributions towards cost of building or buildings
  • by fee on transfer of shares, along with the occupancy rights
  • by premium on transfer of occupancy right over the flats
  • by and for Election Fund.
  • by any other mode permitted under these bye-laws,

 

Reference : Bye-Law 7 in Model Bye-laws.

A member is required to pay a simple interest at a rate which is fixed by the General Body of the Society at its meeting, subject to a maximum rate of 21 percent per annum, on the charges of the Society, from the date the amount was delayed till its payment is not paid by the member within the period as prescribed under Bye-law No. 70.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Sinking Fund may be used by the society for reconstruction of its building/buildings or for carrying out such structural additions or alterations to the building/buildings, as in the opinion of the Society's Architect, would be necessary to strengthen it/them or for carrying out such heavy repairs as may be certified by the Architect and on approval of General Body after passing an appropriate resolution at the meeting of the General Body of the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Society may create and utilized the Corpus Fund by making Rules with the approval of the General Body. However, such fund cannot be taken from a person who is transferring his flat/tenement/right to share/share capital in the society.In case of Redevelopment of the society the Corpus fund received from the Builder/Developer shall be utilized for the maintenance of the society with the approval of the General Body.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs and Bye Law 14(e) in Model Bye-laws

As per provision in the bye-law no 69 (2) there is a provision that the water charges should charge as per size of the tap available in each members gala and in proportioning of the number. Therefore water charges can be charge only from those members, who have given facility of water supply.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The reserve fund of the society is to be utilized for the expenditure on repairs, maintenance and renewals of the Society's property.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The term Chief Promoter is defined in the Bye-laws under Bye-law No. 3(iii).

A “Chief Promoter” is a person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting of the Society.

Ref:https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The society having less than 10 members can be found, the only condition is that the built up area of each flat should not be more than 700 sq. ft. and the F.S.I. should not be balanced.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Society has to apply to Divisional Joint Registrar, Co-operative Societies under section 152 of the Maharashtra Co. operative societies Act.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The main objects of the formation of a Housing Society are as under:

  1. To obtain conveyance from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with building/buildings thereon as described in the application for registration of the Society;
  2. To manage, maintain and administer the property of the society;
  3. To raise funds for achieving the objects of the society;
  4. To undertake and provide, for on its own account or jointly with cooperative institution, social cultural or re-creative activities;
  5. To do all things, necessary or expedient for the attainment of the objects of the society, as specified in the bye-laws.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is necessary to pay the registration fee at the rate, prescribed by the government time to time. At present the rate of the registration fee is as under:
Co-owner/Ownership/Co. operative Housing Society Rs. 2,500/-
Other (general) Co. Operative societies Rs. 2,500/-

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under section 21 (A) of the Maharashtra co-operative housing society Act 1960, the society can be de-registered.

If the society is registered under following situation:-

  1. Registrar by giving false information
  2. Work of the society not completed.
  3. Purpose of not server for which it was format.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In such situation, the chief promoter of the society should submit the registration proposal to the concerned registrar in the category of builders’ non-co-operation.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is a sort of offense under section 146 of the Maharashtra Co-operative societies ACT 1960. Prosecution can be filed against such person by making formed application to the concerned Divisional Joint Registrar and with his consent.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The said condition is applicable if the Authority who gave the financial assistance or land to the society laid down such condition.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, if an application of membership is made before registration of society, then it would be feasible to the chief promoter to take sign on the “Y” form which is to be submitted to the registrar with the proposal of registration and to give its receipt.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is obligatory to apply for co-operative society or Association of Apartment within four months from the taking possession of galas by holders, necessary for forming the co-operative society or Association of Apartment according to provisions mentioned under section 10 of the Maharashtra Ownership Flat Act 1963 and rule 8 of Rules 1964 there under. While taking into consideration of these provisions it is necessary to make an application for getting permission for opening bank account by keeping the name of the proposed society reserved by the builder/promoters/chief promoter to the Registrar, co-operative societies in the concern. It is necessary to make selection of the chief promoter in the primary meeting of the members. If  builder promoters do not desire to work as Chief Promoter for some reason than in such situation, any member from the gala holder can be selected as a Chief Promoter. However while submitting proposal it is necessary to submit consent letter that builder promoters are ready to co-operate for the work of registering the society. Following papers are necessary for submitting the proposal for getting permission for opening the bank account.

  • Application for opening the bank account by reserving the name of the proposed society in the prescribed format. (On adhesive court fee stamp of Rs.2/-)
  • Copy of the minutes of primary meeting (in the prescribed format)
  • Photo copy of the sale deed/development agreement executed between the original owner of the land and builder promoter.
  • Photo copy of the 7/12 extract or the property registered card.
  • Photo copy of the power of attorney if given to the builder, promoter by the original owner.
  • Copy of the order form competent office under Urban Land Ceiling Act 1976.
  • Detailed scheme of the proposed society and its nature
  • List of the proposed members.

It is necessary to submit the proposal for official registration within three months of the date of getting permission for opening bank account by reserving the name of the proposed society for registration. If for some inevitable reasons, it was not possible to submit the registration proposal in the prescribed time limit then it is necessary to submit an application for extension of time limit for submitting the proposal of registration by the Chief Promoter.In case of registration, the chief promoter should have to submit following documents:-

1. Application for registration in the prescribed format under rule 4(1) of the Maharashtra Co-operative Societies Rules 1961-Form A (Annexure A)


If the number of galas mentioned in the application submitted for registration is more than 10 then inclusion of promoter members is needed for 60 per cent galas out of the total galas built or to be built in the said application. Otherwise, by preserving such proposal as immature, it is denied for registration. It is necessary that 60 per cent members out of the total members included in the application for registration should have to sign by their name. It is necessary that 10 members of the different families (Definition of the family) includes mother, father, son, husband, wife, unmarried daughter). Similarly minimum 10 members should be the residence in the jurisdiction of the society. As per prevalent policy of the government even less than 10 member’s society can be formed. However in such proposals the carpet area of each gala should not be more than 700 sq. ft. Similarly it is also necessary to ensured that the entire F.S.I to be available as per prevalent constructions rules has been used and there is no possibility of additional construction work.

2. Form-B : Information of proposed society (In prescribed format)
3. Form-C : Information of Promoter Members
4. Form-D : Accounts statement (In prescribed format)
5. Detailed scheme of the proposed societies and its nature.
6. Balance statement of saving accounts in the Pune District Central Co-operative Bank (Share Capital of Rs.500 and in addition Admission fee of Rs.100/- of each promoter member and its total amount)
7. Original chalan of payment of Rs.25,00/- as a co-operative housing societies registration fee paid in the Government Tresury.
8. A photo copy of the sell deed or Development agreement executed between original land owner and builder/promoters.
9. Photo copy of the 7/12 extract or property registration card.
10. Photo copy of the Power of Attorney given to the builder promoters by the original land lord.
11. Photo copy of the NOC from the Charity Commissioner if the land is of Public Trust.
12. A photo copy of the land search report or title certificate from the advocate.
13. Photo copy of the order issued by the competent officer under Urban Land Ceiling Act.
14. True copy of the construction lay out approved by the Municipal Corporation.
15. Photo copy of the permission for commencing construction or of completion certificate issued by the Municipal Corporation.
16. Architect certificate endorsing to the construction of the building of the proposed society.
17. Minimum 10 persons affidavit on the stamp paper of Rs.20 (individual) regarding they are residence in the jurisdiction of the society and there is no residential house, open plot in their name or in the name of the other persons in the family depend on them in the jurisdiction of the society. (Affidavit should be made before the competent officer)
18. Guarantee letter of the Chief Promoter on the stamp paper of Rs.20/- in the prescribed format registered before the competent officer.
19. Guarantee letter of the builder promoters on the stamp paper of Rs.20/- in the prescribed format ‘Z’ registered before the competent officer and in accordance with that information in A B C D Table.

Table A : number of gala sale, name to whom it sale, area of the gala and its price.
Table B : number of gala not sold and its area.
Table C : Name of the person to whom the gala was sold and total amount received from him.
Table D : Details of the expenditure, name of the person to him gala was sold, amount of the share capital, amount of the admission fee and price of the gala.

20. A photo copy of the registered agreement executed between the builder promoters and gala holder.
21. A photo copy of the receipt of the payment made in respect of the registration fee of the gala and stamp duty of the promoter members mentioned in the application made for registration.
22. The signature of the minimum 10 promoter members at the end of model bye laws no 175 is necessary.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The registration of a Society renders it to be a body corporate by the name under which it is registered, with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and do all such things as are necessary for the purpose for which it is constituted.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Secretary has to place all the applications, whether complete in all respects or incomplete, before the meeting of the Committee or the general body, as the case may be held next after receipt of the applications.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under section 21 of the Maharashtra co-operative society Act 1960, the registration of the society becomes cancelled in the following situation.

  1. If the society transferred its all property and dues to another society
  2. If the society is amalgamate with another society.
  3. If the society is divided in two or more part.
  4. If the liquidation procedure of the society under section 109 of the Maharashtra co-operation society Act 1960 is completed.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Sign of sixty per cent promoters who participated in the registration proposal are necessary.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Common Seal of the Society has to be kept in the custody of the Secretary of the society and has to be used under the authority by means of a resolution of the Committee and the deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, which shall be attested by the Chairman, the Secretary and one member of the committee, authorized by the committee in that behalf.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If the building is built by the Builder and Developer then 60 per cent of the purchasers or promoter should participate in the registration proposal.


Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs


The term Builder-Promoter is defined under the Bye-law No. 3(xiii) of the Model Bye-laws of the Society.

A “Builder- Promoter” means a person who constructs or causes to construct a block or building of flats or apartments for the purpose of selling some or all of them to other persons, or to a Company, Co-operative Society or other Association of Persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both.For example, where the land owner gives the development rights of his plot to any other builder for constructing the building of the Society, the land owner and the builder both will be clubbed under the term Builder-Promoter.

Reference : https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The chief promoter no such rights. The chief promoter has a right to withdraw money before registration of society but with the prior consent of the registrar.

Ref:https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The following is the provision:

A) Regarding mismanagement of the managing committee of the housing society, the concerned registrar can do the following:

  1. By making preliminary  enquiry in person,
  2. If demanded by 1/3 members of the society,
  3. If mismanagement is noticed ,then  through proper points in the enquiry through the report of audit, he can order enquiry of the working and economic status of the society by in person or by appointing authorized enquiry officer under section 83.


B) If  it is concluded that financial loss caused to society is established in the enquiry under section 83, then for fixing the responsibility of financial loss under section 88 the concerned registrar can initiate action under section 88 for the compensation of financial loss by conducting enquiry through Dy/Asst. Registrar on ward level in person or through the officer appointed by him.

C) The enquiry under section 88 can also be conducted of the ex and present members of the society and also of the employees and officers concerned with the financial loss of the society and also the person concerned with other societies after suggested in the audit report or inspection report. However the points before 4 years of the date of enquiry order or audit or inspection report can be ordered under section 88.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

After taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the members of the society and their children, the meeting of the General Body of the Society may, allow such games to be played during such hours as may be fixed by the meeting of the General Body of the Society and subject to such restrictions, charges and penalties as it may impose.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Committee exercises all powers, expressly conferred on it and discharges all functions entrusted to it under the Bye-law No. 139, subject to the directions given or regulations made by a meeting of the General Body of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Society does not allow to let out or give on leave and licence basis or permit any subletting  of any open space available under the staircases to any person whether the member of the Society or not, for any purpose whatsoever.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Documents of the society will be kept in the building of the society with consent of the managing committee of society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is the responsibility of flat owner to pay all dues of the society once the possession of the flat is taken whether it is in use or closed for some period.  There is no provision or rule in the bye-laws or Act that if a flat is close then not to charge any charges on that flat or give some concession in it.  It is not proper to say that since the flat is closed or flat owner, his family members or friends  utilizing the flat for very less time and therefore to issue bill.  Because to take note of who, when and how much time someone utilized his flat is arduous and complicated work.  If in some societies a flat is closed for some stipulated time and society is not charging water bill or general body pass resolution in that respect then it might be an exceptional case.  Certainly, if  personal fittings and supply of water measured by personal meter than only it will be possible for not charging water bill or give concession in it.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

When by demolishing old building, new building is constructed at that place, means re-development of the old building, then the developer gives various benefits as follow :-

1. To give additional area than previous area.
2. No amenities like lift, garden, parking place.
3. To provide temporary home or to give its rent during the period of construction.
4. To give consideration for shifting residence or brokerage for searching new residence.

Even after giving these benefits, when new building is completed and after shifting to the new flat and since the Municipal Corporation takes the property tax at new rate it cause increase in property tax in 3 to 4 fold. To help for paying this increased property tax, the developer gives a lump sum amount to each member. It's called Corpus Fund. Some developer give this corpus fund in the name of the society or some times directly gives in the name of members. Developer gives this fund in different steps. In fact, it is necessary that at least 50% of the fund should be given at the time of agreement by the developer and the balance 50% amount should have to be given after getting permission for construction or before vacating the house.

If some developer giving corpus fund at the time of making available of the new flat then by not obeying this condition it is necessary to take the amount of the fund before vacating the old home. Some developers left after their saleable flats sold out or the get their money without giving corpus fund amount decided earlier.

At the end huge legal action has to be taken for recovering that amount. To avoid this, corpus fund should be taken earlier.

It is also discussed many times that how this corpus fund is distributed among the members? Some members, even if their area of flat is less, demanded for equal distribution of this corpus fund among the members. The reason behind this is that since this benefit is of the society, it is necessary to distribute that fund to each member equally.

While purchasing flat, the amount of the land is also charged on the flat owner with the amount of flat purchased and he is paying that total amount. If some member purchased flat of more area then he has also paid more amount of the land in that proportion. Second point is that, T.D.R. is available equal to the re-development will depend upon the availability of TDR to us. Therefore to distribute corpus fund as per each flat owner’s area is necessary. However, it is proper to take decision in majority in this regard in the General Body Meeting.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

No member, without the previous permission of the Committee, in writing shall stock or store any kind of goods or materials, which are combustible obnoxious or other goods, for the storing of which requires permit/sanction of the competent authority under any law relating thereto.
Reference:  Bye Law 48 in Model Bye-Laws

A member can apply to the Society and state his intention to sub-let his flat and on receiving the permission in writing from the Committee, he can subject or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances:

  1. Where the member is required to go out of the area of operation of the Society for a long duration on account of exigencies of service or business or on account of prolonged illness;
  2. Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them;
  3. Where the employer, with a view to ensure efficient discharge of duties, requires the member to stay in the accommodation allotted to him by his employer;
  4. Where a member satisfies the Committee about his inability to occupy or continue to occupy the flat for any other genuine reasons.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member will not be permitted by the committee to sub-let, give on leave and licence basis or care-taker basis, and his flat or any part thereof or part with its possession in any manner unless:

  1. he has made an application in the prescribed from;
  2. he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker in the prescribed form;
  3. his application contains the undertaking that-
    • he shall, by joining the society as a party to the proceedings initiate necessary legal proceedings against the sub-lettee, licensee, care-taker, on his failure to get vacant possession of the flat or part thereof on expiry of the period of sub-letting, giving on leave and license or care-taker basis the flat or part thereof or parting with his possession in any other manner and meet the cost of the legal proceedings required to be incurred by the Society;
    • he shall pay the charges of the Society every month during the period of sub-letting, license etc.;
    • He shall pay non-occupancy charges to the Society. Non-occupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra and the Commissioner for Co-operation from time to time and shall not be levied if the flat is occupied by the “Family” of the member as defined under these bye-laws.
      Provided that while permitting the sub-letting, giving on leave and license or care-taker basis the flat or part thereof or permitting parting with its possession in any other manner, the committee shall restrict the period thereof 11 months or for more period as desired by the managing committee, which may, on the request of the member be extended for similar period or part thereof from time to time.
  4. Non-occupancy charges shall not be levied to the flat purchaser who is intending to become a member and who submits the documentary evidence thereof.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is legitimately obligatory to get audit as per resolution passed by the general body meeting by the certified auditor from the certified auditor panel approved by the Co-operative department.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If  the Society has not entrusted this responsibility to someone else by making resolution by the committee than the responsibility to keep the documents like society’s record, accounts book falls on the Secretary of the Society. It is presumed that society’s record is also in possession of the Secretary.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If annual General Body Meeting was not called upto 14th August under section 75(1) or upto 14th November with the permission of the registrar or called Annual General Body meeting and also did not present financial statement reconciliation statement, profit and loss statement in form or before this meeting then those managing committee members are ineligible to remain on the post who have the responsibility under section 75(5) of the bye-laws. Similarly they are also ineligible for getting elected on managing committee for 3 years. If this responsibility was entrusted on officer/ employee of the society other than committee member then the provision to panelist Rs. 100/- by issuing show cause notice has been made in section 75(5).

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The bank account of the society is operated by joint signature of Secretary, Chairman, and Treasurer Resolution is passed in that respect in the Managing Committee.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Preparing financial statement of the society up to 45 days i.e. up to 15th May after ending of the financial year (31st March) is necessary. After preparation of such financial statement, it is obligatory to submit it in the office of the Dy/Asstt. Registrar and auditor of the society within 15 days and thereafter it is obligatory to make available the copy of it in the office of the society for inspection to members of the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is legitimately obligatory to get audit as per resolution passed by the general body meeting by the certified auditor from the certified auditor panel approved by the Co-operative department.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The financial statement, profit and loss statement, reconciliation statement should be in form N prescribed under Rule 62(1) of co-operative law.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Since it is the responsibility of the Secretary of the society to keep the records up to date, therefore the responsibility to make available records to the auditor is entrusted with the secretary of the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is necessary under rules 62(2) of the co-operative law to publish financial statement, profit and loss statement, reconciliation statement Form N format and report of the working of the managing committee of the society in the notice before 14 days of the date of Annual General Body Meeting in such a way that all members of the society can inspect it.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The following files of documents are necessary to kept by the society:

1. All types of membership application.
2. Transfer of membership application.
3. Application of resignations of the member.
4. Application in respect of expelling form membership.
5. Nomination application (correspondence with member –member wise)
6. Correspondence with Dy./Additional Registrar.
7. Correspondence with various machinery (water, electricity etc.)
8. Document regarding property conveyance.
9. Correspondence regarding repairing /Tenders, bills etc.,
10. Application and correspondence regarding transfer of Flats.
11. Correspondence regarding allotment of flat.
12. Correspondence regarding allotment of parking place.
13. Vouchers.
14. Counter file of the bank’s challan
15. Counter file of the cheque and share certificates
16. Correspondence regarding issuing of duplicates share certificates.
17. Registration Certificate
with Dy./Asst. Registrar regarding amendment in the bye laws.
19. Counter file of the carbon copy in receipt book.
20. Copy of the bill issued to the members.
21. Correspondence in respect of the loan if taken.
22. General Agenda of the society.
23. Annual working report of the managing committee.
24. Audit report
25. Rectification report of the audit and correspondence in that regard.
26. All types of agenda / Notices.
27. All Record of the election as per election rules.
28. Correspondence with the Dy. /Assistant registrar in respect of the complaints of the members, reply given to them.
29. Correspondence with advocate of the society.
30. Bill and receipt of the legal fees given by the advocate.
31. Original file submitted at the time of registration of society.
32. Judicial claims filed by the society or against society and its papers.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is obligatory to prepare financial statement within 45 days after end of financial year 31st March (up to 15th May) by the housing society. Thereafter annual General Body Meeting within 3 month period (up to 14th august) should have to be called. If it was not possible to call Annual General Body meeting before 14th August then extension upto 14 November can be taken by making request to the Dy/Asst. registrar. However it is obligatory to submit financial statement to such extension taken Annual General Body Meeting. Similarly, if it is not possible to prepare financial statement upto 15th May as per rule 61, then it is necessary on the part of the managing committee of the society to inform the reasons of that to the concerned Dy/Asstt. Registrar and to take extension for preparing financial statement.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under bye-law No. 140 the following records are necessary to be kept by the society.

  1. Member record book – I form (under rule 32 of the co-operative Law)
  2. Members List – J form (Under rule 32 of the Co-operative Law)
  3. Cash Book
  4. General Ledger
  5. Personal Ledger
  6. Property Register
  7. Share Register
  8. Sinking Fund Register
  9. Record of Rectification in audit faults.
  10. Investment register,
  11. Nomination Register.
  12. Loan Register (If a member has taken loan from financial agency and through the society and its recovery is made to the financial agency through the society.
  13. Mortgage deed register (if property is mortgage)
  14. Record book of the minutes of the managing committee meeting
  15. Recorded book of the minutes of general body meeting.
  16. Deposit register (If deposit is given for utilization of electricity, supply of water, telephone etc.)
  17. Dead stock register(furniture fans, tube lights, cupboard etc., office furniture)
  18. Record book of the book
  19. Allotment record book in respect of allotment of flats/ galas.


In addition the society can maintained additional record books as necessary for neatly compilation of record by taking decision in the managing committee meeting and approval of the general body meeting for the convenient of office and administration.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

It is necessary to write the minutes of the society meetings in Marathi, English or Hindi language.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member is not entitled to utilize more parking spaces/stilts than what is allotted to him by the Committee, Builder.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In case any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of a 2nd or 3rd stilt/parking space can be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Every member, who has a scooter, a motor cycle, or an auto rickshaw has to obtain prior permission of the Committee for the purpose of parking his vehicle in the compound of the society and pay the charges fixed by the General Body of the Society at its meeting.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Every member, who has been allotted the stilt or the parking space is required to pay the parking charges at such rate as is decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. If a member is allotted more than one stilt/parking space, he has to pay parking charges with respect of every such stilt or parking space, as decided in the General Body Meeting.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Any stilts which have been built or any open space in the society's compound  which  is available for parking of cars, the society has to number the stilts or the open space in such a way that no inconvenience would be caused to any of the members of the Society. The Committee has to further ensure that the space is used by the members for the purpose for which it is allotted to them.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member, who has a motor vehicle, will only be held as eligible to have stilts or a parking space. A member normally will not be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner of the company of which he is the director.

Reference:https://sahakarayukta.maharashtra.gov.in/1040/FAQs

As per development rules, 10 per cent place should have to be reserved for visitors/outsiders vehicles visiting housing society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The allotment of Parking Space/Stilts is made by the Committee on the basis of “First Come First Serve”, in case of the available parking spaces. However in case of Parking Space/Stilts allotted by the Society, the member shall have no right to sell or transfer the said allotted parking space/stilts, to anybody.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The society can take a decision by moving resolution in the general body meeting and by considering number of visitors, facilities etc.,                for e.g.In the premises of society , people are coming continuously for professional work therefore it would be proper to take decision by the society not to levy such charges. However in this regards, the housing society can take decision according to circumstances but by considering the convenience of the members and the general body meeting’s approval will be necessary for this as a complaint in this regard can be filed in the co-operative court.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

A member, who desires to have a stilt or a parking space, has to make an application to the Secretary of the Society giving necessary details. The procedure for disposal of applications for permission under the Bye-laws of the Society, as laid down under the Bye-law No. 65, has to be followed by the Secretary and the Committee of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The term Parking Space is defined under Bye-law No. 3(x) of the Model Bye-laws of the Society. A “Parking Space” means any open space which is located within the premises of the society and is earmarked by the Society for the parking of vehicles and it also includes a stilt.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under section 101 of the co-operation law and rule 86 A to 86 F made there under the documents and procedure is prescribed. In short it is as under.

  1. It is necessary that society should have to issue 2 notices of one month period and final notice after resolution of 15 days period i.e. total 3 notices to the member.
  2. If dues amount is not paid even after this notice, resolution of action under section 101should have to be moved in the should have to moved in the managing committee meeting. There after final notice of 15 days should be given to the defaulter member.
  3. If dues amount was not paid even after final notice then an application issue should have to be submitted to Dy/Asstt. Registrar under section 101. The format V or it is given in the rules under Co-operation law and such documents are available with Housing Federation.
  4. While submitting the said case a Challan of the amount of the percent up to one lakh and above that one to two percent should be paid in the government Treasury/ Reserve Bank. The said amount can be paid in government treasury by purchasing stamp paper. The limit up to Rs. 10,000/- is prescribed for stamp Paper. This assessment is being made in limitation of maximum Rs10,000/- In addition Rd. 500/- ( enquiry fee should have to be paid in following head in the Reserve Bank of India for the case under section 101/-

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

First upon all it is necessary that notice should be issued by the society to the defaulter member. Then also if the member is still defaulting then by taking action under section 101 of the Maharashtra Co-operative Societies Act 1960, and by obtaining recovery certificate ,action can be taken against such member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Justice can be seek by filing suit against Housing Society for excess charging under section 91 of the Maharashtra Co-operative Societies Act 1960

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If members of the society violated bye laws then the secretary of the society will inform the members first. After member gives his reply on it, the managing committee hears the member. If violation of bye laws still continues of even after hearing the member, than the member can be penalized by moving resolution in the general body meeting.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Since it is implied in the concept of paying Guest that while original member resides in the flat, he gives remaining place on the rent and earns income from it, in such circumstances it has been prescribed by the government supplementary letter dt. 25/02/2011 that like  non-occupancy charges which cannot be charged more than 10 percent of the maintenance charges when flat is given on rent on the same basis non-occupancy charges can be charged on the Paying Guest.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Society cannot stop water supply of defaulter member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Society can take action by making an application under section 101 of the Maharashtra Co-operative Society Act 1960 for getting the recovery certificate against the new member.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, There is a provision that all members should share contribution of expenses on lift in equal proportion. Exception of ground Floor member has not been made in this similarly, Since the expenditure incurred charging of lift of nature of changing of lift machinery is in the nature of capital expenditure. It has been charged on all members including ground floor at the rate of per sq. ft area of the flats/ galas.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Complaints can be made to the Police relating to matters pertaining to:

  1. Nuisance carried by the unauthorized use of the Flat/Shop/Parking Space/open space in the society, by the members, builder, occupants or any other persons;
  2. Threatening/Assault by or to the members of the society;
  3. Any other like matters which falls within jurisdiction of the Police.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Complaints can be made to the Corporation/Local Authority relating to Matters pertaining to:

  1. Unauthorized constructions/addition/alterations, made by the builder/member /occupant of the flat;
  2. Inadequate Water supply to the society;
  3. Change of use by the member/occupants;
  4. Building's structural problems;
  5. Any other, like matters which falls within jurisdiction of the Corporation / Local authority.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Complaints can be made to the Civil Court relating to disputes pertaining to:

  1. Non-compliance of the terms and conditions of the agreement, by and between the Builder/Developer;
  2. Substandard constructions;
  3. Conveyance;
  4. Escalation of Construction cost;
  5. Any other, like disputes which fall within jurisdiction of the Civil Court.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Complaints can be made to the Co-operative Court relating to disputes between the members and/or the members of the Society, which fall under Section 91 of the MCS Act, 1960 such as disputes pertaining to:

  1. Resolutions of the Managing Committee and General Body;
  2. The elections of the Managing Committee, except the rejection of nominations, as provided under Section 152-A of the MCS Act, 1960;
  3. Repairs, including major repairs internal repairs, leakages;
  4. Parking;
  5. Allotment of Flats;
  6. Escalation of construction cost;
  7. Appointment of Developer/Contractor, Architect;
  8. Unequal water-supply;
  9. Excess recovery of dues from the members;
  10. Any other, like disputes which falls within the jurisdiction of the Co-operative Court.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Complaints can be made to the General Body relating to matters pertaining to:

  1. Non-maintenance of the property of the society by the managing committee;
  2. Non-display of board of the name of the Society;
  3. Levy of excess Fine, by the Managing Committee for act of the member which is in violation of the bye-laws;
  4. Not allowing the authenticated use of the available open spaces of the society by the managing committee
  5. Non insuring the property of the society, by the Managing Committee;
  6. Appointment of Architect;
  7. All other, like matters which falls within jurisdiction of the General Body.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

After receiving a complaint application from a member, the Committee has to take a decision thereof, in the coming Managing Committee Meeting. Such decision taken by the Committee has to be communicated to the concerned member, within 15 days thereafter.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, then he / they may complain to the Advisory Committee constituted by the General Body of the society. The formation and powers of such Committee is decided by the General Body. If the concerned member is not even satisfied with the decision given by such Advisory Committee, then as per the nature of the complaint, the complainant member can approach the below mentioned authorized officers:

  1. Registrar;
  2. Co-operative Court;
  3. Civil Court;
  4. Corporation/Local Authority;
  5. Police;
  6. General Body;
  7. Federation.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The Member/Members can submit their complaint application to any of the Office bearers of the Society, in writing, giving thereby the details of the complaint.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Complaints can be made to the Federation relating to matters pertaining to:

  1. Non allowing of the entry of the Secretary of the society, by the member;
  2. Non acceptance of any communication by the member/ managing committee;
  3. Convening Special General Meeting provided under Bye-law No. 97 and managing committee meeting provided under the Bye-law No. 133;
  4. All other like matters.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Complaints can be made to the Registrar relating to the matters pertaining to the following issues:

  1. Registration of Society on misrepresentation;
  2. Non-issuance of the Share Certificates;
  3. Refusal of Membership;
  4. Non registration of nomination by the society;
  5. Non Occupancy charges;
  6. Demand of excess premium for transfers;
  7. Non supply of copies of the record and documents;
  8. Tampering, suppression and destruction of the records of the Society;
  9. Non acceptance of the cheques or any other correspondence by the Committee;
  10. Non maintenance or incomplete maintenance of records and books of the society;
  11. Non preparation of the annual accounts/reports, within the prescribed period;
  12. Misappropriation/Misapplication of the funds of the society;
  13. Defaulter/Disqualified member on the Committee;
  14. Investment of Funds without prior permission;
  15. Reconciliation of Accounts;
  16. Audit;
  17. Non conducting of election before expiry of the term of the Committee;
  18. Rejection of Nomination;
  19. Non calling of General Body Meetings within prescribed period;
  20. Non calling of Managing Committee as prescribed in laws;
  21. Resignation of the Committee;
  22. Any other, like matters which falls within jurisdiction of the Registrar.

https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, The quorum of ¾ of the total number of member in the general boidy meeting going to move resolution regarding re-development. Similarly to pass such resolution by giving approval to the re-development scheme by more then ¾ members of the members present in this meeting is obligatory. The government has circulated directives in this regard under section 79 (AB).

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under section 79 (A) of the Maharashtra Co-operative Society Act 1960 the Government has issued government resolution NO SARUYO 2007/Pra.kra. 554/14-SA, dt. 3rd January, 2009 regarding redevelopment of vacant land and also building owned by co-operative housing society. Vacant land/ building can be re-development as per provisions in the said directives.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Yes, As per directions issued by the government under section 79(AB)   dt. 3rd January 2009, the secretary of the society eight days before the date of the general body meeting. By accepting the received suggestions of the members it is obligatory on the Architect and Project Consultant to note in the project report that whether that suggestion are accepted or not.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The quorum of this general body meeting is ¾ of the total member. It is obligatory that the officer from the Registrar office should have to attend this meeting as a authorized officer, Similarly video picturisation of this meeting is necessary. It is  obligatory to send the agenda of the meeting before 14 days.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If the quorum of ¾ of the total member for the special general body meeting called for the re-development is not completed the meeting shall be postponed for 8 days. However if the quorum was not also completed in this postponed meeting then the meeting shall be cancelled.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The term Common Areas & Facilities is defined in the Bye-law No.3 (xxii) of the Model Bye-laws of the Society. According to Bye-law No.3 (xxii), “Common Areas & Facilities” means:

  1. the land on which the building is located;
  2. the foundations, columns, girders, beams, supports,main walls, roofs, halls, corridors, lobbies, stairs, stairways,
    fire escapes and entrances and exits of the building;
  3. the basements, cellars, yards, gardens, parking areas (unless not specifically sold), and storage spaces.
  4. the premises for the lodging of janitors-or persons employed for the management of the property;
  5. installations of central services such as power, light,gas, cold and water heating, refrigeration, air
    conditioning and generators.
  6. the elevators, tanks, pumps, motors, fans,compressors, ducts and in general all apparatus and
    installations existing for common use;
  7. such community and commercial facilities as may have been provided for;
  8. all other parts of the property necessary or convenient to its existence, maintenance and safety, or
    normally in common use;

Reference: Bye-law No.3 (xxii) of the Model Bye-laws

The ownership of the open Spaces like terrace, compound, parking places etc. of the co-operative housing society lies with the co-operative society .No one  can have private ownership of open spaces.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The term Open Terraces is defined in the Bye-law No. 3(xxi) of the Model Bye-laws of the Society. “Open terraces” means the area terraces which are otherwise not in the exclusive possession of any of the members of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Open space means an area, which forms an integral part of the site, and which is left open to sky.  The term Open space is defined in the Bye-law No. 3(xx) of the Model Bye-laws of the Society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If there is liability on land, then first upon all by filing cheating offense against the developer, it is necessary to recover the said amount. If transfer has taken place then it will take place with liability and it will be our responsibility to pay it.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Following matters are included in the conveyance deed.

  1. Seller’s name and Address
  2. Purchaser Name and address.
  3. Name and address of the Builder/ Developer who work as a party permanently.
  4. Description of the Property in which area of the Plot, City survey number is included (In this the area of the plot mentioned should have to be tally with the area of the plot in property card.)
  5. Statement of amounts given by the flat purchaser.
  6. Receipts of the amount paid.
  7. Signs of all parties.
  8. Other papers of conveyance.
  9. Sequence of events regarding ownership of property since last some years.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The State Government  should appoint a competent officer by government Gazette under sections 5 (A) of the Maharashtra Flats Ownership Rights Act 1970. These officers should not be less than District Dy. Register. These officers can exercise their power under section 5, 10 and 11 of the Maharashtra Flats Ownership Rights Act 1970 and can work accordingly. The government has appointed the District Dy. Registrar from Maharashtra as Competent officer by issuing circular dt. 25th February, 2011. Those who want to apply for deemed conveyance may apply to their respective District Dy. Registrar.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The society can claim as owner after 12 years from the date of taking hostile possession. However the societies have to produce necessary evidence for it. Court order is required in that respect. This court order itself explicated the Deemed Conveyance has taken place, And that could be produce for registration. Stamp Duty should have to paid  by presuming the deemed conveyance took place after court order.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under Section 17 of the Registration Act 1908, it is obligatory to register the deeds. If it  was not registered under that section then it cannot be presented in the court as evidence if some dispute arises with respect to the property as it has no legal recognition. Therefore it is necessary to register the deeds.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The objectives of conveyance are :

  • To Become Legal Owners: Any movable/immovable property ownership is identified on the basis of title documents for example; immovable properties are recorded and identified on the basis of Survey No., Hissa No. and such other identity marks in Government Records like 7/12 extract property card etc in favour of purchasers, then only, the purchaser become the legal owner.
  • To have free and marketable title: When a particular person/Society has paid full consideration and is in possession of the property but the title documents are continued in the original owners' name, the purchaser will not have a free and marketable title on the said property. It is only after proper conveyance - the purchaser will derive free and marketable title over the property.

Reference: https://mahasahakar.maharashtra.gov.in/1172/Online-Deemed-Conveyance-Management-System

First the proposal for conveyance  in prescribed format with all necessary documents should be submitted to the concerned office.  After order is passed from the concerned office , then the Deed of the conveyance should be made and it should be checked from the collector of stamp duty for stamp duty. Thereafter it can be registered in the office of the Dy. Registrar.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Generally following complaints received against the builder.

  1. Not giving occupation certificate
  2. Not giving electricity connection.
  3. Not giving water connection.
  4. Not giving building completion certificate.
  5. Doing unauthorized construction.
  6. Not forming society.
  7. Not giving income expenditure.
  8. Not doing conveyance.
  9. Not making property card in the name of the society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In the regular conveyance builder/ developer and land owner themselves prepare conveyance documents and complete the registration process by submitting it before the Dy. Registrar and signing on it.In the deemed conveyance, the builder/ developer or land owner or their legal heirs did not extend any co-operation. Therefore the aggrieved society placed their side before the authorized officer. By hearing all parties, the concerned authorized officer issued suitable orders regarding conveyance. Deemed conveyance means total conveyance and therefore no question raised for any problem in it.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Following papers are collected from builder.

  1. Development agreement.
  2. Death certificate of the deceased land owner.
  3. Partnership agreement between partners.
  4. Evidence of registering partnership agreement.
  5. Conveyance agreement with builder.
  6. Paper agreement (with previous owner and with builder.)
  7. A will, copy of the authorized will(If the Development Agreement was signed by the legal heir)

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Some of the reasons behind not doing consuming time for conveyance are as follow:

  1. Flats not sold.
  2. Necessary Stamp Duty on the Conveyance documents not paid by every member.
  3. No Co-operation of land lord/ builder.
  4. Builder imposing responsibility on the flat owners for avoiding the payment of stamp duty
  5. Non co-operation of members.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

No. The deed is registered on nominal stamp paper. However it is necessary that all flat owners should have  paid total Stamp Duty on their agreement. It is necessary to verify it from the District Stamp Duty Officer.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

By issuing notice on the address which is on the records, the period should be kept for 21 to 25 days during which the acknowledgement from post comes. If the notice is returned  without acceptance and new address is not traceable after making enquiry then public notice should be issued from the news paper, As per law such a notice is sufficient.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If there are some deficiencies or drawbacks in the construction work the builder/ Promoter should have to complete it within 3 years period from the date of possession under the Maharashtra Flat Ownership Rights Act 1963.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

No,Stamp Duty paid evidence of the last owner/ member is necessary.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

To make conveyance of the land and building on it in the name of registered society or other statutory society after registration or within 4 months after formation is legally obligatory on Promoter (Builder/ Developer). Many Builders/ Developers do not make conveyance of the land and building in the name of statutory society. Therefore the government has decided to make deemed conveyance in the name of statutory society by making ownership Rights Act 1963.

According to these new provisions,those statutory societies in whose name deemed conveyance has not been made within 4 months of formation, their conveyance is treated as in the name of the society.One special authorized officer for recording this conveyance in the record of the revenue department. After receiving the application from aggrieved society, this officer by hearing the concerned party, if deemed proper ,will give order for making ownership conveyance in the name of applicant  society and will issue deemed conveyance certificate in the name of the society thereafter appointing authorized officer for signing on that document on behalf of the Promoter (Builder/ Developer) and land owner non-cooperating for registration of conveyance documents. In this way ,transfer of Ownership rights of the land and building  in the name of applicant society means deemed conveyance.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If the society deems fit, it should seek justice against the builder from the consumer court.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If it is a seal of approval and it is treated as valid document.Such a document can be produced in the court as legal evidence if any dispute regarding property arises. It has huge importance in view of law. Those documents on which stamp duty has not been paid properly those documents have no value in view of law.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Once the society is registered , then it is obligatory on builder to give all his rights and ownership rights in stipulated period under section 11 of the Maharashtra Flats Ownership Rights Act 1970. Builder has no right to make further construction after formation of society. Even though conveyance is not done, the benefit of increased carpet area/ T.D.R. will be given to the society. In such a situation if the increased carpet area is not given, then court action should to be taken against builder.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under Section 11 of the Maharashtra Flats Ownership Rights Act 1963 and Section 9 of the Rule 1964 if there is no mention of the time limit in the agreement ,then it necessary that the conveyance of the property should be done within 4 months of formation of the co-operative society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

In such a situation the flat owners should come together on their own and form the Co-operative society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under provisions of section 11 of the Maharashtra Flat Owners Act, the builder/ developer/ Promoter should  do the conveyance in the name of the co-operative housing society.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under the Maharashtra Flat Ownership Rights Act 1970, the following individuals can make an application for conveyance of land and building.

  1. Registered Society under the Maharashtra Co-operative Society Act 1960
  2. The Company registered under Company Act.
  3. Federation form recently.
  4. Any independent and individual flat owner.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

As per the rules, builder should have pay stamp duty on the office premises which he has kept in his own name while making conveyance.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Such galas have to be with the builder. While preparing ,in the list it is recorded that these are with builder for conveyance.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

The stamp duty to be paid on the conveyance depends on increased carpet area and T.D.R(Transfer of Development Rights).                                    It also depends on the proportion of stamp duty paid by every member for e.g If there are 15 flats in the society and 12 flat owners have paid stamp duty.  If flats which have sold out but not paid stamp duty then in such a situation the stamp duty which is to be paid is paid upto the conveyance date .On these remaining 3 flats , increased carpet area and the remaining T.D.R. is not  used. At some time when the increased carpet area and T.D.R. is not in  balance and all members have paid stamp duty then at the time of conveyance only Rs. 100/- stamp duty to be paid.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under Section 17 of the Registration Act 1908, it is obligatory to register the deeds. If that was not registered under that section then there cannot be procedure in the court as evidence if some dispute arises with respect to the property. It has no any legal recognition. Therefore it is necessary to register the deeds.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

Under section 11, Conveyance of the apartment can be done.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs

If builder has died then the notice of conveyance should be given to the original land lord. For this new 7/12 extract or property card should be taken. The notice issued to all whose extract or property card should taken. The notice should be issued to all  whose name has appeared on this new 7/12 extract or property card.

Reference: https://sahakarayukta.maharashtra.gov.in/1040/FAQs