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How many members are required for society formation

(Querist) 19 March 2017 This query is : Resolved 
Dear Sir,

We have 5 buildings of 170 flats in our complex and we want different societies for every building. Kindly advice me how many members are required for society formation & for society committee. Kindly also let me know can we insist our builder to form 5 societies instead of 1 society.

With Regards,
Santosh
Thane, Maharashtra
Adv. Yogen Kakade (Expert) 19 March 2017
Minimum 60% members need to be a part while registering the coop housing society. Now it has been proposed to reduce it to min 51%.
Adv. Yogen Kakade (Expert) 19 March 2017
Minimum 60% members need to be a part while registering the coop housing society. Now it has been proposed to reduce it to min 51%.
Adv. Yogen Kakade (Expert) 19 March 2017
Sorry for repeat..
Sri Vijayan.A (Expert) 19 March 2017
You can insist the promoter to make five societies.
You have register the society with society sub-registrar available in the District Registrar office.
This society cannot be registered with cooperative sub registrar.
Rajendra K Goyal (Expert) 19 March 2017
Well advised, agree with the experts.
Bharat Vakil (Expert) 19 March 2017
Process of Co-operative Housing Society Registration

60 % of the Promoters are must be ready to form Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society register under Co-operation.
When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation.In this case one of the flat owner should be elected as CP for Registration purpose.In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered
All flat owner should hold meeting and elect Promoter.All power for Registrations,documentation etc. should be given to promoter.The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society
Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements.All members togethers also can do work for registration.
For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar Of Co-operative Department area concern in order as follow
Ms.Usha Kapoor (Expert) 20 March 2017
Agree with experts.
Dr J C Vashista (Expert) 20 March 2017
I respectfully disagree with the experts on the issue of registration with Cooperative Societies as a "Society" under the provisions of State (Maharashtra in this case) Cooperative Societies Act & Rules, since the Builder has handed over the flats to owners.

It should have been under the provisions of State Apartment Owners Act and the Builder is liable to get the declaration of handing over, submitted to the department followed by registration of Apartment Owners Association (100% membership).

However, Act and rules are generally similar in all the states with few changes.



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