FAQ

1. What is the minimum number of promoters required to join the registration proposal?

   Ans: A minimum of 10 promoters from different families is required for housing society registration.

2. What is the minimum number of promoters required to sign the registration proposal?

   Ans: A minimum of 60% of the promoters must sign the registration proposal.

3. Whether Co-operative Housing Society having less than 10 units can be registered?

   Ans: Yes, a Co-operative Housing Society with less than 10 units can be registered with special permission from the Registrar.Cooperative Housing Society having less than 10 units can be registered subject to the following conditions:
   The built-up area of each unit should not be more than 700 sq.ft.
   There should not be balance F.S.I

4. What is the remedy available, if the builder does not register a Co-operative Housing Society?

   Ans: If the builder fails to register a Co-operative Housing Society, members can apply to the Registrar for society formation under Section 10 of the Maharashtra Ownership Flats Act (MOFA), 1963.

5. What are the conditions for registration of Cooperative Housing Society in private building?

   Ans: The conditions for registering a Co-operative Housing Society in a private building are:

   1. Minimum 10 members (or 60% of flat owners).

   2. Agreement of Sale/Title Deed for the property.

   3. Proof of ownership and a clear title from the builder.

   4. Application signed by the majority of flat owners.

   5. No outstanding dues from the builder or members.

6. What fee is to be paid to the Government for registration of a Cooperative Housing Society?

   Ans: The fee for registering a Co-operative Housing Society varies based on the number of members. Generally, the registration fee is as follows:

   1. Rs. 100 for societies with up to 50 members.

   2. Rs. 200 for societies with 51 to 100 members.

   3. Rs. 300 for societies with more than 100 members.

   Additional fees may apply for other services or documentation. It's advisable to check with the local registrar for exact fees based on the society's details.

7. Whether promoters are required to submit their applications for membership to the Chief Promoter before registration of Cooperative Housing Society?

   Ans: Yes, promoters are required to submit their applications for membership to the Chief Promoter before the registration of the Co-operative Housing Society.

REGISTRATION

GENERAL MEETING

1. When the first General Meeting can be convened?

   Ans: The first General Meeting of a Co-operative Housing Society can be convened after the society is registered, and typically within three months from the date of registration.

2. Who can convene the first General Meeting?

   Ans: The Chief Promoter can convene the first General Meeting of the Co-operative Housing Society.

3. What is the remedy if the first General Meeting is not called by Chief Promoter in time?

   Ans: If the Chief Promoter does not call the first General Meeting on time, the Registrar can be approached to direct the formation of a provisional committee to conduct the meeting.

4. Who is responsible to convene the AGM?

   Ans: The Managing Committee of the Co-operative Housing Society is responsible for convening the Annual General Meeting (AGM).

5. Who is responsible to ensure the AGM is convened within the stipulated time?

   Ans: The Secretary of the Co-operative Housing Society is responsible for ensuring the AGM is convened within the stipulated time.

6. If the business on the agenda is partly transacted then what are the provisions?

   Ans: If the business on the agenda is partly transacted, the meeting can be adjourned to a later date to complete the remaining business. Notice for the adjourned meeting must be given to all members.

7. Whether the AGM can be adjourned due to want of quorum?

   Ans: AGM can be adjourned for want of quorum
   to the time as may be specified in the notice on the same day or
   to a subsequent date, not earlier than seven days.
   The holding of the adjourned meeting will not require a quorum.

8. What is the minimum period of notice of AGM

   Ans: 14 clear days notice is required to be given for calling the AGM.

9. What is the period for finalizing the accounts of the CHS.

   Ans: The period for finalizing the accounts of the CHS is 15th May every year.

10. What remedy is available if the accounts are not finalized before 15th May?

    Ans: If the accounts are not finalized before 15th May, the Registrar can be approached, and the society may face penalties or other legal consequences for non-compliance.

1. What is the period of provisional committee?

   Ans: The period of provisional committee is of one year from the date of which it has been first constituted.

2. When the subsequent committee is constituted

   Ans: Subsequent committee is constituted after election to the committee as per approved Election Rules.
   Election committee is required to be constituted as per the provision of Section 73 of M.C.S. Act 1960.

3. Which is the Competent Authority to challenge the election?

   Ans: Election of Committee or its member can be challenged by filing dispute under Section 91 of M.C.S. Act 1960. Before the Cooperative court.

4. Whether the member of the committee can be removed by passing resolution in it?

   Ans: Committee has no authority to remove the members from its committee.

5. Whether there can be two managing Committee for two buildings in one CHS?

   Ans: There shall be one managing Committee for one CHS irrespective of no of building or wings.

6. Who can accept the resignation of Chairman of the CHS?

   Ans: The bye laws number 132 (a) provides that the Chairman of the CHS may tender his resignation to the Secretary of the CHS by addressing a letter. The Committee can accept his resignation.

7. . If meeting of the committee is not called by Chairman/Secretary what is the remedy available?

   Ans: Bye laws No 133 provides that such meeting may be called by the Federation of the society, if Federation is informed accordingly.

8. Whether the Chairman is having casting Vote?

   Ans: Bye laws no 135 provides that Chairman is having Casting Vote

9. What is the tenure of Committee?.

   Ans: Tenure of the Committee is as per bye-laws of CHS
   According to model bye laws tenure of the Committee is of 5 years.

10. . When the CHS can cooperative the member on the Committee?

    Ans: Vacancies created on the Committee on account of death, resignation, disqualification, and removal can be filled by co-opting irrespective of the quorum.

11. What is the tenure of the Co-opted Committee Members?

    Ans: The period of the office of the co-opted committee members shall be Coterminous with tenure of the committee.

12. Whether a decision taken by the committee consisting of majority of a co-opted member is valid?

    Ans: Yes if it is otherwise not contradictory.

COMMITTEE

FUNDS

1. How many funds are required to be raised by CHS??

   Ans: A Cooperative Housing Society (CHS) in Maharashtra is required to raise several types of funds as per the Maharashtra Cooperative Societies Act, 1960 and the society’s bye-laws. These funds are essential for the proper functioning, maintenance, and future development of the society. A Cooperative Housing Society (CHS) in Maharashtra must raise the following mandatory funds as per the law:

   1. Sinking Fund – For major repairs/reconstruction.

   2. Repair & Maintenance Fund – For regular upkeep and minor repairs.

   3. Reserve Fund – General savings for emergencies.

   4. Education & Training Fund – For member awareness programs.

   Other Optional Funds:

   5. Major Repairs Fund – For heavy repair work.

   6. Security Fund – For security staff & CCTV maintenance.

   7. Parking Fund – For parking maintenance.

   8. Festival & Cultural Fund – For celebrations and events.

   9. Welfare Fund – For health & welfare activities.

   Funds are collected through maintenance charges, corpus fund, and interest earnings.

2. What is the difference in utilization of repairs and maintenance fund and major repairs fund?

   Ans: Repairs and maintenance funds are utilized for meeting the expenditure on maintenance and normal repairs of the building of CHS by committee.Major repairs fund is utilized with period approval of G.B for major repairs such as plastering, Color of buildings etc.

3. When Sinking Funds are to be utilized?

   Ans: Sinking funds are to be utilized on recommendations of architect and with prior approval of G.B for meeting the expenditure on structural additions or alterations to the building /buildings of CHS.