procedure for obtaining co op housing society registration.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 June 2011 dear all

i plz inform me

1. procedure for obtaining co op housing society registration from department of co op society.

2.required document for obtaining co op hsg soc reg. no.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
Follow

22 June 2011 The procedure for Registration of a society begins with electing a Chief Promoter in a meeting of the Promoter. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer/flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters.
Normally, the name reservation proposal should be accompanied with the signature of atleast 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of atleast 10 members. If the number is less than 10 then special permission from Governmetn has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach number of 10. It would be of interest to note that the model byelaws define flat as a ‘Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment’. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society.

The documents that are normally to be submitted to the Registering Authorities are as under :-
1. Application for registration of Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. R.B.I. / Treasury Challan for payment of Registration Fee of Rs. 500/-.
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 20/- Stamp Paper from atleast 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. Affidavit from the Chief Promoter on Stamp Paper of Rs. 20/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorising the promoter to sign on behalf of firm/company.
15. In case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal.
It is the duty of the Registrar to register the society and on registration of the society it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. THE quantum of the capital being introduced by the member is not of much importance. Preference should be given for formation of a private limited company if one member propose to acquire majority of the flats in the building.
b) Stamp duty

Querist : Anonymous

Querist : Anonymous (Querist)

25 June 2011 thanks..

my query are as mention below for registration of co op society.

1. "pawanhans co op hsg sco. is reg. with co cop society department.

2. "pawanhans co op hsg sco. has 7 different building (unit)with 7 different name like "A Complex" "B Complex" "C Complex" ETC. .

3. each building has 12 floor.

Query

Now Member of each Complex want to make Separate Co op Hsg Society in the Name of its Complex like. ""pawanhans co op hsg sco. A Complex." ETC.

Further They Also want to continue present entire Co Op Hsg Society "pawanhans co op
hsg sco."

Reason of above is Some General maintains Expenditure for all the building and overall co op hsg society is different.

Queastion:

Can Member constitute and run both Separate and as a whole co op hsg society.

and if yes.

can member of each building can issue "shares certificate" of its complex after registration of its building as separate co op hsg society.

thanks and regard.

thanks for your last replay.

Querist : Anonymous

Querist : Anonymous (Querist)

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
Follow

10 August 2024 The process of creating separate cooperative housing societies for each building while maintaining an overarching cooperative society involves several steps and legal considerations. Here’s a detailed breakdown of your queries and how to approach them:

### **1. Formation of Separate Cooperative Housing Societies**

#### **1.1 Legal Feasibility**

1. **Separate Societies:**
- **Formation:** Members of each complex (A Complex, B Complex, etc.) can form separate cooperative housing societies. Each society will function as an independent entity, focusing on the management and maintenance of its respective building.
- **Registration:** Each new society must be registered with the relevant cooperative society department. This involves drafting a new set of bylaws, constituting a managing committee, and complying with local regulations governing cooperative housing societies.

2. **Maintaining Existing Society:**
- **Ongoing Society:** The existing cooperative housing society (“Pawanhans Co-op Hsg Soc.”) can continue to exist. This society would manage common areas and shared expenses that apply to all buildings collectively.

#### **1.2 Process of Formation**

1. **Draft Bylaws:**
- **Complex-Specific Bylaws:** Each new society will need its own bylaws, tailored to the specific needs and structure of that building.
- **Existing Society Bylaws:** The existing society’s bylaws will need to address the overall management and common expenses.

2. **Application and Registration:**
- **Prepare Documentation:** Each new society must prepare a registration application, including the list of members, bylaws, and any required documents.
- **Submit to Authorities:** Submit these documents to the cooperative society registrar or relevant authority for approval and registration.

3. **Formalities:**
- **NOC from Existing Society:** Obtain a No Objection Certificate (NOC) from the existing cooperative society if required.
- **Separate Accounts:** Set up separate bank accounts and maintain distinct financial records for each new society.

### **2. Operation and Management**

#### **2.1 Financial Management**

1. **Maintenance of Separate Accounts:**
- Each building's society will handle its own finances, including maintenance charges, utility bills, and other building-specific expenses.
- The existing society will continue to handle shared expenses and general maintenance costs that apply to all buildings.

2. **Common Expenses:**
- Determine how common expenses will be allocated and managed between the new societies and the existing one. This may involve agreements on how to split costs for shared services or infrastructure.

#### **2.2 Issuing Share Certificates**

1. **Share Certificates:**
- **Separate Societies:** Each new society can issue share certificates to its members. These certificates represent ownership in the respective building’s cooperative society.
- **Existing Society:** The existing society can continue to issue share certificates for its overall membership if it continues to operate.

2. **Legal Compliance:**
- Ensure that share certificates comply with the rules and regulations set forth by the cooperative society department.

### **3. Legal Considerations**

1. **Consultation with Authorities:**
- **Cooperative Registrar:** Consult the cooperative registrar or legal expert to understand any specific legal requirements or restrictions related to forming multiple societies and maintaining an overarching society.
- **Legal Advice:** Seek legal advice to ensure compliance with all relevant laws and regulations and to address any potential conflicts or issues.

2. **Documentation and Compliance:**
- **Update Records:** Ensure that all societies maintain accurate records and comply with reporting requirements.
- **Conflict Resolution:** Establish mechanisms for resolving any disputes between the new societies and the existing society.

### **4. Summary**

- **Yes, members can form separate cooperative housing societies for each complex** while continuing the existing cooperative housing society. This approach allows for localized management and accountability for each building while maintaining an overarching society for shared expenses and common areas.
- **Members can issue share certificates** for each new society, reflecting ownership and membership in their respective building's cooperative society.

Ensure you follow the proper procedures for registration and compliance with cooperative housing regulations to facilitate a smooth transition and ongoing operation.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now