Post construction and sale of residential building, commercial building and plots, management is handed over to the members / owners. Over a period of years handover of building/plot is done to owners in different formations based on various Acts.
Different Type of Formations
First step, for owners to understand is the formation which builder has created for management of society by owners. Formation can be in the form of :
- Co-operative Societies
- Service Society
- Tenant Ownership Housing Society
- Tenant Co-partnership Housing Society
- House Mortgage Society
- House Construction or House Building Society
- Societies register under Society Registration Act, 1860
- Association of People under NTC
- Association of People Unregistered
- Welfare Association
- HUF and
- Individuals
Relevant Acts related to Each Formations
Second step for owner is understand relevant acts, rules and amendments under which members will have to carry out their activity.
- Co-operative Societies: Gujarat Co operative Societies Act, 1961 and amendments.
- Association of People under NTC: The Bombay Non-Trading Corporations Act, 1959 and amendments.
- Association of People Unregistered : As per Bye-Laws
- Welfare Association: Society Registration Act, 1860
Understanding the Bye-laws
Third step is understanding the bye-laws. Bye-laws are rules formed under which committee and members of the building will have to operate.
RERA Act and Order Number 13 & 18
For building or plots registered under RERA, Sec 17 of RERA Act is applicable for society formation. Additionally based on queries raised by developers, GujRERA Authority passed order Number 13 on 09 July 2018 which directed builder / developers as below:
It is also directed that as per the requirement of Section 17 of the Real Estate (Regulation & Development) Act, 2016, the Association of Allottees could not be formed by way of Company, LLP or Society but has to be under the Co operative Societies Act, 1961
Order No 13 was further amended with Order Number 18
Read with the Gujarat Real Estate (Regulation and Development) (General) Rules, 2017 Rule 9 and para(9) of draft Agreement for Sale and as per the requirement of Section 17 of the Real Estate (Regulation and Development) Act, 2016 the association of Allottees could be formed by way of Society under Gujarat Cooperative Society Act 1961 or as a company under Section 8 of the Companies Act 2013.
Above order has cleared the air and builder or developer will be required to form Association of allottees under Co operative society under 1961 or as a company under Section 8 of the Companies Act 2013. This will help owner and members in better understand legality and compliance to be taken care of.
Reference
- Gujarat Co operative Societies Act, 1961
- The Bombay Non-Trading Corporations Act, 1959
- Society Registration Act, 1860
- Real Estate (Regulation & Development) Act, 2016
- GujRERA Order – 13 : Dated 09-07-2018 : Formation of Association of Allottees
- GujRERA Order – 18 : Dated 18-12-2018: Order / Guidelines for Formation of Association of Allottees.
Gujarat Cooperative Societies 
I have residential bungalow in co operative housing society. our society is not giving permission for commercial. But I am doctor and want to build residence cum hospital. Is it necessary to take permission or any law for this?
Sir,
It depends on multiple facts.
1. Who is the owner of the lands
2. Under what formation is the society formed.
3. What does bylaws / MOA / AOA etc say about the usage of the lands etc.
There have been multiple cases, where members have tried to use residential areas for commercial purposes without NOC of the society and courts have put a stay on such construction. So it is better to check all details and then move ahead.
What are the procedure for forming new managing committee for residential society in Vadodara
It depends on what is the formation of society. In general, option needs to be given to all member who wish to become committee member. Incase more members show interest than vacant position, election should be held.
What are the election rules on go op service housing society lies in gujarat
Refer Article Election Rules for Societies (https://esocieties.in/2021/06/15/election-rule-for-societies/)
What are the rules followed by Co-op hosuing society for rain water disposal? can any co-op housing society disopse thier rain water in other residential society, which is not private?
I am constructing a bungalow in a free hold plot. We r registered as a service society to maintain the amenities of our society. But if some members of the society do not pay the society transfer fee and maintenance, how can I proceed to take legal action against such members.
I AM ASKING TO APPRISN WHE ME ABOUT THE RENTING OF SERVICE SOCIETY COMMON PLOT..
IS IT ALLOWED TO RENT
LEASE..
How should the maintenance charges are calculated correctly as per govt model bylaw for Cooperative Housing Service Society where in 22 shops 80-125 sft size, 7 bungalows of 1300 to 1800 sft size and 56 flats 560 to 995sft size.? Kindly guide in this regard sir.
Gujarat Cooperative Society Act is silent about it. Current market practice is to charge by square feet.
Kya comon plot se 6 to 8ft road temporarily base pe le sakte bcoz dusra koi safe rasta he nai society se
I have my bungalow on 18 Mtr Road in co operative society 975 sq.feet plot cuts in road
I want to build commercial/Residential apartments on my plot society will not give permission can I build commercial or residential buildings
On this 18 Mtr road so many commercial and residential apartments
Please proper guide me
Thanks
There are multiple Gujarat High Court Judgements, against residential property used for commercial purposes.
Attaching a copy of one such judgment which has answered the question below. ” AMBICA NAGAR COOP HOUSING SOCIETY LTD vs State of Gujarat
” whether a Member of the Cooperative Housing Society, who is allotted land/plot by Cooperative Housing Society governed by and under the provisions of the Gujarat Cooperative Societies Act, 1961, [for short, ‘the Act of 1961’] is entitled to use/develop and/or transfer/alienate, in any manner, the said land/plot and raise construction thereon of commercial in nature or purpose contrary to the provisions contained in the Act of 1961, Rules, Regulation and byelaws of the Society made thereunder on the ground of permission so granted by the appropriate authority under the Gujarat Town Planning & Urban Development Act, 1976, [for short, ‘the Act of 1976’], Rules and Regulations framed thereunder, viz. General Development Control Regulation, and under the Bombay Provincial Municipal Corporations Act, 1949, [for short, ‘the Act of 1976’]”