Which act governs cooperative society in India?

Introduction  –

In today’s property market, buying a plot and building a house has not been in the hands of ordinary people, and the expenses are also very high, which people cannot afford. Therefore, the trend of jointly developing multiple storey buildings, selling multiple houses in it, is seen in cities like Mumbai and Delhi for the first time since the 1970s.
The topic we have taken today can be said to be a very important topic because many people have been cheated a lot in the meantime. We will try to give the information here when you come to live in a house and what precautions should be taken before buying any flat because the information available to us does not have any solid basis and we would consider it as law Is.

Many illusions are spread in the society on which we believe and believe the same truth. Therefore, here we will tell about which rules the customers buying the houses that are made in the developed cities and suburbs all over India should be aware of this here. We will try to give accurate information about what laws have been made by the government regarding apartments and societies after 2008.

History of Cooperative Housing Society –

The beginning of the housing society started in the 20th century, in which the construction of the first housing society is seen in 1909 in Bangalore. After that Bombay Housing Cooperative Association was formed in Maharashtra in 1913. For the first time the rules were formulated by this institution, which later came to be seen as a role model for all the states of India, the Maharashtra Cooperative Law.

In 1969, the National Cooperative Housing Federation was established at the national level, through which to help and organize all the cooperative housing institutions of the states so that awareness can be created among the people. This work is done by the organization of all the states by providing financial services to this national organization, in return for amendment and through experts to reach the government for rights.

With many legal complaints, case laws and changing circumstances, laws were made by the government in the interest of the customers, for this it was assisted through pressure by many social organizations because the developers who are financially powerful and political. Due to collusion, exploitation of customers was seen a lot. Therefore, the positive change that we see today in the context of cooperative society is its result.

What is Cooperative Housing Society Act  –

Although the Co-operative Societies Act is a very broad subject in which all public institutions related to co-operatives come, but it is not our subject. Our topic is Co-operative Housing Society, about which it is very important to have awareness among the people. Many social workers are working for this, but for the awakening in the society, such expert people are needed.

After 1970, for the first time such houses were being built in the main cities of India, the concept of such multi-Storeyed different property holders started coming into the village countryside and people were cheated many times. As soon as people started coming to the cities, the problem of land, construction started and the practice of building multi-Storeyed houses started.

For the first time in India, a modern law was made in Maharashtra, which is called the Maharashtra Cooperative Act 1960, in which separate provisions have been given for housing societies. This law made in Maharashtra emerged as a model  for other states of India and all the states were influenced by this law and gave this provision in their law.

Object of Cooperative Housing Society –

  • Co-operative Society This is the ownership of a law, property from which you can renovate or repair a building in the future.
  • Due to the establishment of the society, that member can plan the expenditure on that property in the name of the society.
  • By the government law, all the society members are in a way the share owner of the property, the space which they can use according to their own.
  • By first establishing a society and purchasing land, these members can make Sadanika.
  • The purpose of the society is that all the members get together and solve their financial problems and all the members share equally the daily expenses.
  • Society’s security, repair, water supply, and all other work is done by establishing a society for all the members.

Importance of Cooperative Housing society –

When someone buys his own plot and builds his own house, then he has to take responsibility for taking care of such building himself, but when many people start living in one building on one plot then conflict is possible in it. There are parking problems, building maintenance costs, property security costs, in many such cases these people have to come together.

When the Apartment Act was first enacted in 1970, the developer used to keep the property rights to himself and the flat holders had to approach the developer for many problems. As long as the building is new, there is no problem, but as it gets old, the cost of its maintenance starts increasing. All these problems can be ended by forming a housing society for this, the government has taken initiative for this.

Therefore, from time to time, the Government of Maharashtra has made changes in the provisions of the housing society and even after making an agreement under the developer’s apartment law, flat holders can establish a society together. The government has tried to secure the rights of the flat holders by making provisions such as Deem Covenants. Before which the developer refused to give approval for the establishment of the society, he was given the right to agree by the office of the Co-Operation Commissioner.

Precautions before purchasing Flat/Shop –

  • Check whether the developer has already registered the society or not.
  • Just as by registering a society, all the rights of that housewife come to the institution, similarly the developer does not transfer the land of that building, he should investigate.
  • There is no need to pay separately for parking, and the parking area of ​​the society is the property of the society, so check it.
  • Check if the developer is registered under the reformed RERA Act.
  • The developer has made the agreement thoroughly, check it through an expert lawyer, the developer makes you hurry for the purchase, do not fall in his trap and check it thoroughly.
  • Do not give any large amount to the developer without making an agreement and keep the law record of all the money transactions in cash.
  • If you cannot hire an expert lawyer and want to get all the information about the flat you want to buy, then apply for a loan for that flat in a nationalized bank, even if you are taking a loan from a private bank because banks We have experts through whom you will get the right information.
  • While buying the flat, check that the correct name is written on all the documents, such as in the electricity meter, in the property card, etc.
  • While buying a flat, it will be risky to keep paying only on booking for a long time, so make a purchase agreement as soon as possible so that your transaction becomes safe.

Precautions after purchasing Flat –

  • The parking space is completely the place of the society and if any society member shows his right at any place, then legally the society has been given rights for it.
  • If the officers of the society are misusing their authority, then you have the right to protest and make a written complaint to the co-operative officer.
  • In today’s date, parking is the problem of most of the society because there are more vehicles and less space, instead of going to the police station for this, hire expert lawyer, he solves your parking problem legally.
  • The facility of deeming payment is available by the government, take advantage of it as soon as possible because if something happens to the building during that time then you can lose your Ownership.
  • Take advantage of the training given by the government. many social organizations on how to run the society.
  • Whatever amount is taken for maintenance monthly, if a member is not giving this amount on time, then first of all understand his problem and not get the law done directly because there are many examples of taking care of his members in bad times.
  • If a member willfully does not pay monthly expenses for causing trouble, then the society has been given a lot of rights by law to use it.

Corruption in Cooperative Housing Society –

Corruption in cooperative society is more common in cities like Mumbai, Delhi and Bangalore or in any big housing society. We do not get to see so much corruption in the society of 20-25 members because it is not so difficult to check the cost that is incurred, so every member can easily check the accounts of his society.

Expenses of big housing societies are very high and huge, where it is very difficult for any member to check such expenses. It is necessary for every member of the society to be alert for this and check the cost of his society with the cost of any other society, so that if there is any doubt, he should raise the evidence in the society meeting on time.

Many corruptions are done by the society officers, in which many such corruption is seen, showing wrong expenses, favoring someone more for parking, demanding money while taking important documents from the society. For this, you can write a legal complaint to the corresponding cooperative officers or before that the society should put this problem in front of the members in the meeting and get their cooperation.

Features of Cooperative Housing Society –

  • It is a voluntary organization whose purpose is to work and provide services to all the members for the same purpose.
  • The member who buys any property in the society becomes its member.
  • It is an autonomous and independent organization whose purpose is to provide services for the members of the society and in return some amount is taken every month or from time to time for some important work.
  • The officers of the housing society are appointed by the democratic election by all the members for a limited period of time.
  • Just as a person has certain legal rights and duties at the government level, similarly the housing society, as a legal entity, performs many legal functions on behalf of its members with its stamp and name.
  • Every member of the society equally deposits money for all the work and expenses of the society.
  • All the officers and members of the society have to work for the benefit of each other.
  • For housing society officers, training facilities have been provided by many institutions by the government, through which information about the legal process, rights and duties of society, administration and benefits of setting up a society, etc. is imparted.
  • The basic objective of the housing society is to work cooperatively for the benefit of the members and make their purpose successful.
  • Through the establishment of the housing society, the members of the council can take the developer out of the property rights.
  • Housing society can rebuild and develop the house and can take advantage of it together.

Conclusion –

In this way, those who have already taken property in any co-operative housing society or if someone is buying a property in a housing society for the first time, then we have tried to tell this in very simple language. Today, different states have made many laws in favor of customers, which is very important to know.

In today’s era of urbanization, most of the people move towards their nearest cities for studies, job for business where it is becoming very difficult to get land, house, so while buying a property in Co-operative Housing Society and buying property. We have seen what precautions should be taken after this.

Co-operative laws made in Maharashtra, it is considered a model law for all the states of India, because after independence in India, the first development started in the main cities of Maharashtra and first this concept developed here, due to which the need of law was felt. Had happened. Going forward, the rest of India also started developing and it became necessary to have awareness about this law, so this is one of our efforts to give information.

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