Forming a cooperative housing society in Goa is a structured process that empowers residents to collectively manage their housing complex while ensuring affordability, security, and community-driven governance. This guide outlines the step-by-step process of establishing a cooperative housing society in Goa, the membership enrollment process, the roles of the builder and the Sub-Registrar of Societies, and the distinction between co-partnership and co-ownership societies, along with their relevance.
Introduction to Cooperative Housing Societies
Cooperative housing societies in Goa are governed by the Goa Co-operative Societies Act and overseen by the Registrar of Cooperative Societies. These societies enable residents to collectively own and manage their housing complexes, fostering democratic control, shared responsibilities, and affordable living. The cooperative model ensures that members work together for mutual benefit, adhering to principles such as membership, democratic governance, and economic participation.
Step-by-Step Process to Form a Cooperative Housing Society in Goa
Step 1: Elect a Chief Promoter
The process begins with a group of at least five individuals (each from a different family) coming together to form the society, as required under Section 5 of the Goa Co-operative Societies Act. These individuals, known as promoter members, must elect a Chief Promoter to lead the formation process. A resolution to appoint the Chief Promoter should be proposed and seconded during a meeting of the promoters, called the Meeting of Promoters.
Step 2: Select a Name for the Society
The promoters must decide on a unique name for the society, along with two alternative names, to avoid conflicts with existing societies. An application for name reservation is submitted to the Registrar of Cooperative Societies in the prescribed format, accompanied by:
- Copies of the commencement certificate or building completion certificate issued by the architect.
- A resolution authorizing the Chief Promoter to apply for name reservation. The Registrar typically processes the application within 30 days.
Step 3: Open a Bank Account
Once the name is approved, the Chief Promoter must open a bank account in the name of the proposed society with a District Central Cooperative Bank or an Urban Cooperative Bank, as recommended by the Registrar. The promoters deposit:
- Share capital (minimum Rs. 500 per member).
- Entrance fee (typically Rs. 100 per member).
- Any amount recovered from the builder, if applicable. A certificate from the bank confirming these deposits is required for the registration process.
Step 4: Deposit the Registration Fee
The society must deposit a registration fee of Rs. 2,500 with the Reserve Bank of India or the designated government treasury and obtain a challan as proof of payment.
Step 5: Submit the Registration Proposal
An application for registration is submitted to the Registrar of Cooperative Societies in Form A, signed in quadruplicate by at least 51% of the promoter members, with signatures attested by the Chief Promoter. The application must include:
- Four copies of the proposed bye-laws, detailing the society’s objectives, member rights, and operational framework.
- A list of promoter members, including their names, addresses, professions, monthly incomes, and proof of residence (attested by a Gazetted Officer).
- A bank balance certificate showing deposited share capital and entrance fees.
- Proof of land ownership (e.g., 7/12 extract or property card).
- A certificate confirming the land is classified as non-agricultural.
- A sanctioned layout plan and construction commencement letter from the relevant authority.
- A notarized guarantee letter from the Chief Promoter and builder on Rs. 100 stamp paper.
- If applicable, a no-objection certificate from the charitable commissioner (for trust-owned land) or a guarantee letter (for government-donated land).
Step 6: Verification and Approval
The Registrar verifies the submitted documents and processes the application within 90 days. During this period, promoters may be asked to modify the bye-laws if necessary. Upon approval, the Registrar issues a registration certificate and publishes a notification in the government gazette. The approval process typically takes 2–6 weeks, depending on the completeness of the documentation and the Registrar’s schedule.
Step 7: First General Body Meeting
Within three months of receiving name approval, the Chief Promoter must convene the First General Body Meeting, giving 14 days’ notice to all promoter members. If the Chief Promoter fails to do so, the Registrar may authorize another person to call the meeting. The agenda includes:
- Electing a President to conduct the meeting.
- Admitting new members.
- Electing a Provisional Committee to manage the society until formal elections.
- Authorizing the committee to complete the conveyance of land and building.
- Approving the statement of accounts and appointing an auditor.
- Discussing other relevant matters with the Chairman’s permission.
Membership Enrollment Process
Membership in a cooperative housing society is open to individuals who are:
- Over 18 years old.
- Not a minor or of unsound mind (except in cases of inherited membership through a guardian).
- Share the society’s objectives and interests.
Eligibility and Conditions
- Original Members: Individuals who sign the registration application and contribute to the share capital (minimum Rs. 500) and entrance fee (Rs. 100).
- Associate Members: Individuals or entities (e.g., firms, companies) who apply through an original member and pay an entrance fee of Rs. 100. Associate members have similar rights to original members, such as attending meetings and voicing opinions, but their voting and election rights are limited unless their name appears on the share certificate.
- Nominal Members: Nominees or caretakers who apply through a member and pay an entrance fee of Rs. 100. They have no voting or election rights.
Application Process
- Applicants submit a membership application in the prescribed form, accompanied by proof of identity, address, PAN card, passport-size photographs, and ownership documents (e.g., sale deed or allotment letter).
- The society’s managing committee reviews applications and may approve or reject them based on valid reasons. Applicants may be asked for additional documentation.
- If rejected, applicants can appeal to the Registrar within one month.
Rights and Responsibilities
- Rights: Members have the right to attend general meetings, vote (one vote per household, with precedence given to the first name on the share certificate), transfer shares, and file grievances with the Registrar or other authorities.
- Responsibilities: Members must adhere to the society’s bye-laws, contribute to maintenance charges, and participate in society activities to ensure smooth functioning.
Role of the Builder
The builder plays a crucial role in the formation of a cooperative housing society, particularly in new developments. Under the Maharashtra Flat Ownership Act, 1963 (applicable in Goa for similar principles), the builder is legally obligated to form a society within four months of selling 60% of the flats in a project. Key responsibilities include:
- Providing Documentation: Supplying the commencement certificate, building completion certificate, sanctioned layout plan, and development agreement for the registration process.
- Contributing to Funds: Depositing any required funds into the society’s bank account, as stipulated by the Registrar.
- Facilitating Conveyance: Transferring ownership of the land and building to the society, ensuring members have legal rights to common areas and amenities.
- Submitting a Guarantee Letter: Providing a notarized guarantee on Rs. 100 stamp paper to confirm compliance with legal requirements.
Failure to comply may result in legal action by the promoter members or intervention by the Registrar.
Role of the Sub-Registrar of Societies
The Sub-Registrar of Cooperative Societies, under the Registrar of Cooperative Societies, is responsible for overseeing the registration and regulation of cooperative societies in Goa. Their key roles include:
- Name Reservation: Reviewing and approving the proposed society name within 30 days.
- Document Verification: Ensuring all submitted documents comply with the Goa Co-operative Societies Act and Rules.
- Registration Approval: Issuing the registration certificate and publishing a notification in the government gazette upon successful verification.
- Handling Appeals: Addressing appeals from applicants whose membership or registration applications are rejected.
- Supervisory Role: Monitoring the society’s compliance with bye-laws and cooperative principles, intervening in cases of mismanagement or disputes.
The Sub-Registrar ensures that the society operates as a democratic and financially viable entity, protecting the interests of its members.
Co-Partnership vs. Co-Ownership Societies
Cooperative housing societies in Goa can be classified as either Co-Partnership Housing Societies or Co-Ownership Housing Societies, each with distinct ownership structures.
Tenant Co-Partnership Housing Society
- Ownership Structure: The society collectively owns the land and building, and members are considered shareholders with occupancy rights. Individual flats are not directly owned by members but are held through their membership shares.
- Key Features:
- Members hold shares in the society, which entitles them to occupy a specific flat.
- The society manages all common areas and amenities.
- Transfer of shares or occupancy rights requires society approval and may involve a transfer fee (e.g., Rs. 2,000 fixed fee plus up to 2% of the market value of the unit).
- Relevance: Ideal for communities seeking collective control over the property, ensuring affordability and shared maintenance responsibilities. It limits individual ownership rights, which may reduce disputes over common areas.
Co-Ownership Housing Society
- Ownership Structure: Members directly own their individual flats or units, and the society owns the common areas and land. Each member holds a title to their flat, similar to individual property ownership.
- Key Features:
- Members have direct ownership of their flats, which can be transferred or sold independently (subject to society bye-laws).
- Maintenance charges are typically based on flat size or area.
- Relevance: Suitable for residents who prefer individual ownership while still benefiting from cooperative management of common areas. It offers greater flexibility in property transactions but may lead to higher maintenance costs for larger flats.
Criteria for Classification
The classification as co-partnership or co-ownership is determined by the society’s bye-laws and the ownership structure outlined during registration. The decision depends on:
- The nature of the property (e.g., whether land is owned by the society or individual members).
- The preferences of the promoter members.
- Legal agreements with the builder or land allotting agency.
Relevance
- Co-Partnership: Promotes equality among members, as all share maintenance costs equally, regardless of flat size. It fosters a stronger sense of community but may limit individual control over property transactions.
- Co-Ownership: Offers greater individual autonomy and potential for higher property valuation but may lead to disputes over maintenance charges or common area usage.
The choice between the two depends on the community’s goals, financial structure, and preference for collective versus individual ownership.
Benefits of Forming a Cooperative Housing Society
- Collective Governance: Members democratically manage the society, ensuring transparency and accountability.
- Affordability: Shared maintenance costs and cooperative amenities make living more cost-effective.
- Legal Protection: Registration provides a legal framework to resolve disputes and protect members’ rights.
- Community Building: Encourages a sense of belonging and mutual support among residents.
Challenges and Considerations
- Paperwork and Compliance: The registration process involves extensive documentation and adherence to legal requirements, which can be time-consuming.
- Builder Cooperation: Delays or non-compliance by the builder can hinder the process.
- Member Participation: Active involvement of members is crucial for effective management, which may be challenging in larger societies.
- Appeals and Disputes: Rejections or disputes require appeals to the Registrar, which can prolong the process.
Conclusion
Forming a cooperative housing society in Goa is a rewarding endeavour that empowers residents to create a cohesive and well-managed living environment. By following the outlined steps—electing a Chief Promoter, reserving a name, opening a bank account, submitting a registration proposal, and holding the First General Body Meeting—promoters can establish a legally recognized society. The builder’s role in providing documentation and facilitating conveyance, and the Sub-Registrar’s role in ensuring compliance, are critical to the process. Understanding the distinction between co-partnership and co-ownership societies helps promoters choose the structure that best suits their community’s needs. With careful planning and adherence to the Goa Co-operative Societies Act, a cooperative housing society can foster a vibrant, democratic, and affordable living experience for all its members.
For further details, visit the official website of the Registrar of Cooperative Societies, Goa at www.coopgoa.gov.in or contact the office at: O/o the Asstt. Registrar of Coop. Societies, North Zone, Esar Trade Centre, 2nd Floor, Marod, Mapusa, Bardez-403507, Goa.
