01. Society Concept 

The Constitution of India is amended by 97^th Amendment in the year 2011 with effect from 15.02.2012 & inserted PART IXB, Article 243Z to 243ZT.  

A. Key Points to understand about Co-operative Housing Societies:

1. Ownership:

Members of a Co-operative Housing Society jointly own the land and building of the society. Each member is allotted a share in proportion to their contribution to the society's funds. The members are not individual owners of specific units but have a share in the entire property.

 

2. Housing Units:

The housing society usually consists of multiple residential units (Flat/Shop/Office/ Godown/ Showrooms etc.). Members occupy these units based on their registered documentation & or through a process defined in the society's rules and regulations.

3. Management:

The society is managed democratically by its members, who elect a managing committee or board to handle day-to-day affairs. The committee takes care of maintenance, security, and other common facilities provided by the society.

4. Cooperative Principles:

Co-operative Housing Societies operate based on cooperative principles, such as democratic decision-making, voluntary and open membership, equitable distribution of benefits, and concern for the community.

5. Benefits:

The main advantage of living in a Co-operative Housing Society is that members have more control over the management and maintenance of their housing complex. Additionally, members often enjoy various amenities and facilities at a lower cost compared to private housing.

6. Membership and Eligibility:

Joining a Co-operative Housing Society requires individuals to become members by purchasing shares or contributing to the capital of the society. The eligibility criteria for membership may vary, and some societies may have specific restrictions or preferences.

7. Regulations and Bye-laws:

Each Co-operative Housing Society has its own set of regulations, commonly known as bye-laws. These bye-laws govern various aspects, including the rights and responsibilities of members, maintenance charges, voting procedures, dispute resolution mechanisms, and more.

 

8. Government Oversight:

Co-operative Housing Societies are often subject to government regulations and oversight to ensure compliance with legal requirements and protect the interests of members.

B. Societies can be categorized into various types based on their purpose, structure, and objectives. Here are some common types of societies:

1. Co-operative Housing Society:

As we discussed earlier, this type of society is formed to collectively own and manage residential properties, providing housing and other amenities to its members.

2. Non-Profit Organizations (NPOs):

Non-profit organizations are formed to serve social, charitable, religious, cultural, or educational purposes. They operate without the intention of making a profit, and any surplus funds are reinvested into the organization's mission.

3. Professional Societies:

These are associations of individuals within a specific profession or occupation, aimed at promoting the interests and welfare of their members and enhancing professional standards.

4. Social Clubs:

Social clubs are formed to bring people with common interests together for social, recreational, or cultural activities. These can include sports clubs, hobby clubs, book clubs, etc.

5. Charitable Trusts:

Charitable trusts are established for charitable purposes, such as providing aid to the underprivileged, supporting educational initiatives, or funding medical research.

6. Trade Unions:

Trade unions are formed by workers to protect their rights and advocate for better working conditions, wages, and benefits from employers.

7. Professional Associations:

Similar to professional societies, professional associations bring together individuals in a specific field to promote the profession, share knowledge, and facilitate networking.

8. Community-Based Organizations (CBOs):

These organizations are formed at the local level to address community issues, provide services, and foster community development..

9. Religious Societies:

Religious societies are formed to promote and propagate religious beliefs, practices, and activities.

10. Cultural Societies:

Cultural societies are dedicated to preserving, promoting, and celebrating cultural heritage, traditions, and arts.

11. Advocacy Groups:

Advocacy groups are formed to raise awareness and advocate for specific social, political, or environmental issues.

12. Educational Institutions:

Educational societies are responsible for establishing and managing educational institutions such as schools, colleges, and universities.

Our main is to get acquaint with “Co-Operative Housing Society” & formation, procedural part & many more thins related to it.

A Co-operative Housing Society (C.H.S.) is a type of housing arrangement where individuals come together to collectively own and manage residential properties or the Developer register the Society in favor of unit purchasers in his concern Project. It is a legal entity formed under the Co-operative Societies Act.

In Maharashtra, India, Co-operative Housing Societies (CHS) are governed by the Maharashtra Cooperative Societies Act, 1960, and the Maharashtra Cooperative Housing Societies Rules, 1961. The state has a significant number of housing societies following this framework.

Societies can be categorized into various types based on their purpose, structure, and objectives.

C. Vital aspects of "Maharashtra Co-operative Housing Societies:

1. Formation and Registration:

To form a Co-operative Housing Society in Maharashtra, a minimum of ten individuals or 51% unit owners are present or purchased the units in the builders project, who are willing to take up membership and own a flat or a unit in the society, can come together and apply for registration under the Registrar of Cooperative Societies. The society must be registered following the procedures and guidelines set forth in the Maharashtra Cooperative Societies Act.

2. Bye-laws:

Every Co-operative Housing Society in Maharashtra must have a set of bye-laws. These bye-laws govern the functioning, rights, and responsibilities of members, elections, managing committee, maintenance charges, and other operational aspects of the society.

3. Membership and Share Capital:

Members join the housing society by acquiring shares in the society's name, and these shares represent their ownership in the cooperative. The value of each share is determined by the society and is often based on the area and amenities provided in the unit. Members usually pay a membership fee and purchase shares at the time of joining.

4. Management:

The society is managed by an elected managing committee, which is chosen by the members through democratic elections. The managing committee is responsible for day-to-day administration, maintenance, and financial matters of the society.

5. Amenities and Services:

Co-operative Housing Societies in Maharashtra often provide various amenities and services to their members, such as water supply, security, parking, common area maintenance, and other shared facilities.

6. Maintenance Charges:

The society levies maintenance charges on its members to cover the expenses of maintaining common areas, amenities, and other facilities. The amount of maintenance charges is decided by the society and is usually based on the area of the individual units.

7. Dispute Resolution:

The Maharashtra Cooperative Societies Act provides provisions for dispute resolution within the society. Members can approach the Cooperative Court or Cooperative Arbitrator for the resolution of any internal disputes.

8. Rights and Responsibilities:

Members have specific rights, including voting rights in general body meetings and the right to participate in society affairs. They also have responsibilities such as paying maintenance charges on time, adhering to society rules, and cooperating in the smooth functioning of the society.

9. Government Oversight:

The functioning of Co-operative Housing Societies in Maharashtra is monitored and regulated by the Cooperative Department of the state government.

In Maharashtra various types of societies:

1.       Marketing Co-Operative Society

2.       Lift Irrigation Co-Operative Society

3.       Wholesale Consumer’s Stores Society

4.       District Central Co-Operative Bank

5.       Housing Co-Operative Society

6.       Co-Operative Society of Sugar Factory

7.       Co-Operative Society of Spinning Mills

8.       Industrial Co-Operative

9.       Salary Earner’s Co-Operative Society

10.   Urban Credit Co-Operative Society.