Formation of a society where flats are more but members are less.
Ruturaj
(Querist) 27 November 2012
This query is : Resolved
In Miraroad area, Thane district a builder have constructed a building with 12 flats out of which 4 flats have been sold and 4 flats have been retained by builder and remaining 4 flats have been retained by builder's wife.
So eventhough there are 12 flats actual members are only 6. Can the Co-op Hsg. Society be formed for this building? Will the builder and his wife have 4 voting rights each?
Raj Kumar Makkad
(Expert) 28 November 2012
Formation of society is not a big problem but it is necessary to see the terms and conditions of the agreement executed with the builder.
R.K Nanda
(Expert) 28 November 2012
first settle the terms and conditions of society in writing and if all members agree to them ,then u may form the society and get it registered also.
ajay sethi
(Expert) 28 November 2012
no cooperative society cannot be formed as only 4 flats have been sold by the builder out of 12 .
To Register Co-op. Housing Society, Minimum 10 member are required.
Less than 10 members Societies are also Registered as per M.S.Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995. But such member's flats should be less than 700 Sq.ft. Carpet Area
Raj Kumar Makkad
(Expert) 28 November 2012
My advice to the author is based upon M.S.Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995 which duly permits the registration of such society even if number of members is less than 10.
