Professional Documents
Culture Documents
The date of handover from builder to the registered owners association is an important day for
new apartment owners and all residents. It has to be taken seriously and detailed due diligence
must be done when interacting with the builders during this handover process. Once the formal
handover to the Owners Association is completed, the onus is on the association to run the
affairs of the society and to ensure its smooth functioning. The association must be prepared for
this day for 3+ months leading to this event.
It is recommended that owners collaboratively engage with the builder right from late construction
stages that will help them to take-up this responsibility in future. The builders can also reach out
to representatives from the owners group to assist in the selection of maintenance agency which
prepares them for the handover process.
Based on our experience in interacting with various builders and associations, we have collated a
check list that associations can use when in dialogue with the builder on the handover process:
1. Get approved building plan which includes block-wise and floor-wise details
2. Collect the Completion Certificate which ensures adherence of the approved plan
3. No Objection certificates from pollution, fire, water and electricity authorities
4. Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal
on the drawings
5. Registration and parent documents
6. Drainage, sewage, Fire protection and common area power layout drawings
7. Car parking layout drawings (with numbering)
8. Asset Inventory of all movable and immovable equipment purchased; numbered in order (list
needs to be exhaustive)
9. Record of recent service history on key equipment’s like lifts, DG sets, STP and WTP
10.AMC and warranty details; Original bills of equipment purchased (motors, Sewage and Water
Treatment Plant, Generators, Gym items like treadmill)
11.Lift license details and next renewal date
12.STP/WTP vendor details, plant layout, operation manual and drawings
13.Receipts of property, electricity and water payments paid
14.Handover of corpus amount to the association
15.Share recent expenses incurred on various maintenance activities and account heads; will
assist to budget coming year (staff salaries, purchase of cleaning material, swimming pool
maintenance etc)
16.Contract signed with maintenance agency; agreed SLAs
17.Insurance taken for assets and third party lift insurance
18.Audited account statement at the time of handover
19. Arrange for introductory meeting with important suppliers and vendors
We, the “VED LEGAL” provide registration and formation services which help you at every step
of society formation, right from inception to final handover. We look after all the legal
complications involved in society formation and carry out necessary negotiations with
developers.
We have also completed the registration process for various projects. We specialize in society
formation of housing societies, commercial societies, maintenance societies and large townships.
We help developers and societies with complex registration process during society mergers,
society split, and federation registrations.
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 owners 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 owners 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 together 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
Applications for Name to be reserved for Proposed Society’s
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” 4 copies
Information in Annexture ” A ” ” B ” ” C ” 4 copies
Bye-Law of the Society 2 copies
Details of Accounts Annexture ” D ” 2 copies
Bank Balance Certificate in Original 1 copy in Original
Agreement of Flat 1 copy
Advocate Search Report 2 copy [Title Certificate]
Society’s Building Plan 2 copies
Lay Out Plan 2 copies
Sanction Plan from Authority 2 copies
O.C / C.C copy 2 copies
Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 1 copy
Guarantee in form ” Z ” On Rs. 100/- Stamp paper & notarized 1 copies
7/12 or City Survey Revenue Record of Land [not more than 1 month old] 1 copy
Promoters Affidavit On Rs. 100/- Stamp paper & notarized 1 copy
Indemnity Bond On Rs. 100/- Stamp paper & notarized 1 copy
NA Certificate / ULC 2 copy
Plot area Land Map 2 copies
Scheme
Registration Fee Challan for Rs.2500 1 copy original
Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy
CP Affidavit for Child Labour on Rs. 100/- Stamp paper & notarized 1copy
All this forms are available at your District Co-operative Housing Society Federation.
On submission of above document the Dy./Asst. Registrar will go through the papers And
document. If found OK he will make order for issue of Registration Certificate.
If any deficiencies are found then the applicant will be inform accordingly and documents will be
corrected wherever necessary. When all papers are in order, he will issue order for issue of
Registration Certificate.
Registration Certificate is issued with covering letter and Officer’s name is mentioned who will
attend First General Meeting. Normally the Officer concern is not attending meeting. In absence ,
all member has to hold meeting and has to elect Provisional Working Committee [PWC] whose
working period will be ONE Year. After electing PWC the member of PWC has to submitted the
M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter
to Dy./Asst. Registrar. All Rule and Regulations ,resolution and minutes which is written in AGM
Register must be sign by Officer’s name is mentioned in covering letter it is the most important
step.[Many society forget this which create problem latter] After First Annual General Meeting
PWC is replaced with new Working Committee [WC] whose working period will be FIVE
Year.The new WC election can conduct before PWC time over with proper election process. WC
also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to
Dy./Asst. Registrar
When application for Name reservation of Society has given, the Dy./Asst. Registrar give
instruction to Open Bank Account in Dist. Central Co-op. Bank The Account has to opened in the
name of CP And deposit all money of Share Capital Contribution [per member Share Money is
Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of Rs. 100/- i.e. Per
member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and
submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account
has to transfer in the name of Society. For bank Account operation Chairman sign must and
either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank
and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or
Accountant are not been kept.
2. In an Apartment, the builder retains the ownership of the open spaces which are not included
in the saleable area. Example – Terrace or any open parking/stairs space which is not included
in the saleable area. But in case of Society, the builder cannot retain any right on any of these
areas and has to hand over everything to the Society. The Maharashtra Apartment Ownership
Act also provides for the ownership of an individual Apartment in a building and to make such
Apartment heritable and transferable property.
3. Bye-laws and Rules of ‘Society’ are binding on all the residents and nobody can act as per
his/her whims. Hence, if the Society decides to ban any objectionable commercial activities in the
flats such as noise-making music classes or using the flat for catering or courier activities etc or
not to rent out to bachelors etc, then all the residents have to abide by it. But if it is an Apartment,
then owners can violate the Apartment Rules and the Apartment Body can just file a case in the
Civil Court. However, while the Society disputes are resolved in a separate Court i.e. Co-
operative Court dealing with Society matters and hence they are fast resolved whereas, the
Apartment matters have to be taken to the normal Civil Court and hence they typically take years
and decades to resolve.
4. When the building contemplates redevelopment after 25-30 years, the Society’s decision will
be final and hence the Society members will have negotiation power with the builder at that time.
But if in case of an Apartment, the consent of every Apartment-owner is required and hence it
goes into an endless delay due to lack of a common decision acceptable to everybody. There are
many instances in Mumbai wherein finally the dilapidated buildings had to be forcefully vacated
by an eviction order from Court since they became unlivable. Thus, while the decisions are taken
on a ‘majority’ basis in Society, the Apartment goes with rule of ‘Acceptable by Everybody’. So if
the builder has retained even one flat in an Apartment, he will play a veto card in his favour at the
time of redevelopment.
(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),
It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders
have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown
to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder
acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co-
operative Housing Society.
2. Information about proposed Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular
dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative Society in
Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion
Certificate (if applicable).
11. Affidavit on Rs. 100/- Stamp Paper from at least 10 promoter members to the effect that they
are residing in the area of operation of the Society (Proposed), made before a Competent
Authority.
12. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the
Competent Authority in form ‘Y’.
13. Certified True Copy of an agreement made on Stamp paper and registered between the
builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such
firms/companies authorizing the promoter to sign on behalf of firm / company.
15. In the case of such proposed societies, names of 60% of the flat holders of the total number
of flats constructed or proposed to be constructed as per the plan approved, must be included in
Statement ‘A’ to be attached to the Registration Proposal. It is the duty of the Registrar to register
the society and on registration of the society, it becomes a separate legal entity. Thereafter, the
management of the affairs of the society is carried out by the managing committee which is
elected by the general body meeting of the society. It may be of interest to note that in a co-
operative society the principle is one member one vote. In a co-operative society, the right to be
exercised in the general body meeting is a personal right. This is one of the reasons why even a
person holding a power of attorney cannot attend the general body meeting of the society. The
quantum of the capital being introduced by the member is not of much importance. Preference
should be given to the formation of a private limited company if one member proposes to acquire
the majority of flats in the building.
1)Make sure all society related issues are recorded and filed: All defects that you find should be
typed as a letter with a signed acknowledgement of the same from the builder, so he is obligated
to fix them. All important e-mails should be printed and kept safely for future references.
2)Make sure you make good use of the builder provided warranty period: Builders generally offer
a warranty period within which defects are to be pointed out and duly fixed.
3)Form a team of volunteers to check and cross check all formalities are done correctly: Apart
from the Management Committee, it is recommended that you bring together a group of
residents to volunteer in making sure all necessary documents have been collected and all
required formalities have been done. (To learn what documents you need during society
handover, read ‘Keep a Check on These When Builder Hands Over Your Housing Society’)
4)Get a community management software to help you keep a permanent track of records:
Getting a society management portal will prove significantly helpful in the overall management of
your community activities in the long run. (For example: Common Floor Groups portal. With its
many features such as Discussion, Complaints, My Dues, Issue Tracker, Documents repository
this portal will serve as a platform to execute and manage community related activities
effectively.)
5)Keep originals safely and copies separately with the Committee President: Make sure you
keep originals of documents at a safe place such as the Association office and their copies with
the Committee President which, when his tenure ends, are passed on to his successor.
6)Make sure you have all documents mentioned on the ‘Handover’ Checklist: Double check that
you have all documents mentioned on the handover checklist in ‘Keep a Check on These When
Builder Hands Over Your Housing Society’.
The proposal submitted after fulfillment of above mentioned documents, the competent authority
by taking hearing, issued orders to the concerned officer for registering the society.
The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned
above and criterion will be done after taking into consideration the instructions in the circular/
directives regarding registration issued by the Government/ Commissioner, Co-operation. It is
obligatory on the concerned Registrar to make registration by considering various provisions in
the Act and Rules and instructions given in the circular/ directives.