Co-operative Housing Society Registration needs 51 % of the Promoters to form Co-op. Housing Society

**Society Registration can be done with or without the help of Builder.

Time required: with Builder's co-operation 2 months / Without Builder's cooperation 7 to 8 months

List of documents for registration:

• Application
• Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society.
• Application form "A"
• Information in Annexture " A " " B " " C "
• Bye-Law of the Society
• Details of Accounts - Annexture " D "
• Agreement to sale/Sale deed of any one Flat owner
• Sanction/approved building or project Plan
• O.C / C.C (Optional)
• Promoter Guarantee in form " Y "
• Builder Guarantee in form " Z "
• 7/12 or City Survey Revenue Record of Land [not more than 3 month old]
• NA Certificate / ULC 2 copy
• Scheme
• Advocate Search Report / Title Certificate
• Architect Certificate

The Co-operative Societies are regulated under that Co-operative Act and Apartments under the Apartment Act. The Co-operative Act has wider scope than the Apartment Act. The disputes are resolved in the quasi judicial court before the Competent Authorities and the court process is speedy.

We at Dear Society provide the best guidance to you to upgrade and make a better version of yourself by forming the Society.

Benefits of CHS:-

• The societies are regulated under the Maharashtra Cooperative Societies Act, 1960 and Bye Laws of the Society.
• The Bye Laws are adopted with the approval of the members of the society and changes can be made in the bye laws by the majority.
• The Co-operative Act has specific provision for Society Audit by the panel while the Apartment Act has no such provision.
• The Audit helps to identify the mistakes and scams that happened in the Society.
• Society can take appropriate action against the wrongdoer. .
• The election of the society is regulated by the MCS Act.
• The State Government regulates the election procedure and other aspects of the Society.
• If the Committee is not performing as the Bye Laws and MCS Act then Administrator or Administrative Committee can be appointed. There are various authorities appointed for the dispute resolution in the society.
• There is a mechanism for recovery of the dues pending by the defaulters of the society.
• There are clear provisions regarding the Redevelopment of the society.

Conveyance / Deemed conveyance

Соnveyаnсe оf а Рroperty is transferring the Rights, Title, Interest аnd Ownership of the Property frоm the Seller to the Рerchaser. It is mandatory for land owners/developers to convey the title of the plot within four months after the formation of the housing society. In many cases, the builders fail to convey the title of properties to the housing societies, in the hope of availing more floor space index (FSI) that may become available in future, or to avail the benefits accrued to them in case the property is redeveloped. Therefоre, government hаs аmended the Mаhаrаshtrа Оwnershiр Flаts Асt, 1963 (MОFА) and рrоvided fоr the deemed соnveyаnсe in favour of the legаl bоdies.

If the builder fails to convey the property, the Maharashtra Ownership Flats Act (MOFA) allows societies to apply for deemed conveyance

Аdvantages of Deemed Сonveyance

• Getting а legal title аnd ownership of lаnd, develорing rights in the nаme оf the Sосiety аnd tо mаke the entries in the gоvernment reсоrds.
• Sосiety retаins the аdditiоnаl FSI аnd tаke the benefit оf TDR.
• Sосiety саn rаise the lоаns by mоrtgаge.
• Аll соmmerсiаl benefits соmе tо society.
• Рermissiоn frоm planning authorities is possible if the building has to be redevelорed аt а lаter dаte due tо dilарidаtiоn оf the struсture due tо аge оr by eаrthquаke оr аny оther reаsоn.
• Required documents

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Committee Election

It is mandatory to conduct elections of the Committee of the Housing Society every five years. We Guide and offer consultation to conduct Elections of Housing societies as per the provisions of Bye laws and Maharashtra Cooperative Societies Act. We conduct the Election process from the submission of Application for election till the result of the society. Following documents required for Election Process:

• I form
• J form
• Share Ledger
• Share Register
• E1, E2, E3 Forms
• Application for Election Proposal
• Nomination forms
• List of defaulters of the Society

By the Election, the Chairman, Secretary, Treasurer and other committee members are elected. The defaulters of the society can neither contest nor vote in the Elections. We make sure that the elections are conducted as per Bye Laws and MCS Act.

Bye-Laws Adoption:

The Bye-Laws is a constitution of the said society. It is necessary on the part of Society to adopt their Bye-Laws in it's AGM/SGM. Society Bye-Laws tell us the way to run the Society as per the rules. Many times, the Society Committee is unaware of their Bye-Laws Provisions.

In 2014, the new Model Bye-Laws was published by the Co-operative Department. If the Society is following the old Bye-Laws then the Society will be unable to take benefit of the added features mentioned in the 2014 Model Bye-Laws.

We at Dear Society provide best the guidance for the Adoption of the Model Bye-Laws.

• The Bye Laws are adopted with the approval of the members of the society.
• Changes can be made in the bye laws by the majority.

А strоng аnd authoritative imрlementаtiоn оf RERА will build а strоng trustworthy relationship between consumers аnd the develорers, hereby enсоurаging mоre investments. The biggest worry customers fасe while investing in rеаl estаte рrорerties in India is delayed possessions. RERА will ensure thаt they will nоt hаve to face any possession-related problems. The flat buyers are the Consumers under the Consumer Protection Act. As a Consumer has all the rights against the Builder / Promoter. We at Dear Society provide the best guidance for the court cases before the Consumer Forum.

Committee / Manager Training

The Managing Committee of co-operative housing society is its nerve center, steering the society towards a wholesome, efficient and harmonious existence. The managing committee(MC) has to run like a well-oiled machine to create the best living conditions for the residents. We provide the complete and best guidance regarding society management, member grievances or day-to-day affairs, problem facing by committee regarding recovery of maintenance, etc. Once the registration and selection of the first committee have taken place, the regular functions of the MC include monetary transactions, daily management, obligatory membership servicing and compliance with the laws.

We provide the Committee training on -

• Society handover from builder
• What are the core duties of the Managing Committee? Like -
  • Financial Duties
  • Duties towards the members
  • Operational Duties
  • Executive Duties
• What are the duties of the Chairman?
• What are the roles and responsibilities of the Secretary?
  • Record-keeping
  • Organizational activities
  • Communication & Correspondence