Very often it is seen that flat buyers are charged ‘society formation’ charges by the builder.This is blatantly illegal.Most of the time they take this amount in cash from the flat purchaser and issue no reciept for it.
At other times it is observed that co-operative housing societies are not formed by builders even after many years of handing over possession.Most flat owners are not aware that it is the builder’s responsibility to form a co-operative housing society as soon as 60% of the flats are sold.Occupancy certificate is not necessary.If builder has signed the sale agreement for 60% of the flats,he is supposed to start the formation of the society as a first step.
His duties are complete once he hands over the ownership of the land and building to the society via a conveyance deed.
Here is how the flat buyers can form the society on their own.
- The flat owners should send a letter to the builder stating their intention to form a society.A copy of this letter should also be sent to the deputy or assistant registrar or co-operative societies of the ward where the society is located.The letter should also ask for an explanation from the builder as to why he has not formed the society as per the Maharashtra ownership of flats act 1963.
- The chief promoter promoter of the society has to then submit a number of documents,statements and undertakings etc along with the registration proposal.
- The registration authority will then check whether the proposed society has complied with all the provisions of Maharashtra co-op societies act 1960,The Maharashtra co-operative Societies Rules 1961 and any other laws that are in force at the moment.They will also check whether the society has complied with the policy decisions issued by the state govt under section
- They will also check whether the proposed bylaws are not contrary to the act or rules.
- Once this is done satisfactorily,the officer is under obligation to register the society within 2 months of the lodging of the application.If the registration is not completed within 2 months,the authority should forward the proposal to the State Govt for further action.
- After the Registration is done,the Registrar will grant a Registration certificate and a copy of the certified bylaws.
Good Luck !