Maharashtra Cooperative Societies Act, 1960: News updates

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March 1, 2022: Housing societies can hold annual general meeting till March 22.

Maintenance charges to be as per flat area, under Apartment Act

July 15, 2021: Maintenance charges are applicable according to the area of a flat under the Maharashtra Apartment Owners Act. However, the same rule does not apply to housing society flats registered under the Maharashtra Cooperative Societies Act, the deputy registrar of cooperative societies, Pune city zone, has ruled.

This is because in case of cooperative housing societies, the land and the building are controlled by the society and the maintenance charges are distributed equally among all members, irrespective of the area of their flats.

Cabinet approves amendment in Maharashtra Cooperative Societies Act 1960

May 6, 2021: The Maharashtra government has approved a proposal to amend the Maharashtra Cooperative Societies Act, 1960, to ensure that members of cooperative societies do not lose their voting rights during the next elections. Under the provisions of the law, a member must attend at least one cooperative society meeting every five years or he will be considered as ‘inactive’ and lose his voting rights. Currently, the second wave of the COVID-19 pandemic has halted the operations of a number of cooperative societies across the state.

Cooperative housing society members are ‘jointly and severally’ responsible for all decisions of MC

January 2021: The Maharashtra government in January 2021 notified that all elected members of the managing committee (MC) of cooperative housing societies established under the Maharashtra Co-operative Societies Act, 1960, have to execute a bond holding them ‘jointly and severally’ responsible for all the decisions the committee takes. Under the MCS (Amendment) Rules, 2002, a new form, M-20, has been inserted, whereby elected members of the managing committee have to declare they are jointly and severally responsible for all the acts and omissions detrimental to the interests of the society.
Registrar cannot direct housing society to issue NOCs to its member: Bombay HC

July 2019: The Bombay High Court in July 2019 ruled that a deputy registrar of cooperative societies has no power to direct a cooperative housing society to issue no-objection certificates (NOC) to one of its members for improvement and change of use of his premises. Acting on a complaint lodged by a member, the deputy registrar, on July 9, 2019, directed a Mumbai housing society, Shree Raghunandan Cooperative Housing Society, to issue necessary NOCs to the member for joining four tenements and converting use of the premises from residential to commercial. “It is clearly a dispute between a member and the society, which would require adjudication before some other forum,” the HC said.

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