Forming a Coop Housing Society: Can it be Done without Consent and Registration?

Cooperative housing societies are a popular form of housing in many parts of the world, offering a unique blend of community living and shared responsibility. However, the process of forming a coop housing society can be complex and often raises questions about the need for consent and registration. One such question is whether a coop housing society can be formed without the consent of all flat owners and whether such a society can be registered by the Registrar Cooperative Societies. This article aims to provide a comprehensive answer to these questions.

Understanding Cooperative Housing Societies

A cooperative housing society is a legal entity that owns real estate, consisting of one or more residential buildings. It is governed by a board of directors elected from among the members. The members, who are the flat owners, do not own their individual units outright. Instead, they own shares in the cooperative that entitle them to occupy their unit.

Consent in Forming a Coop Housing Society

Generally, the formation of a cooperative housing society requires the consent of a majority of the flat owners. This is because the formation of such a society involves a significant change in the legal and financial status of the property. The exact percentage of consent required may vary depending on the laws of the specific jurisdiction. However, it is unlikely that a cooperative housing society can be formed without the consent of all flat owners.

Registration of a Coop Housing Society

Registration of a cooperative housing society is a legal requirement in most jurisdictions. The registration process involves submitting a variety of documents to the Registrar Cooperative Societies, including the society’s bylaws, a list of members, and proof of consent from the required number of flat owners. If a cooperative housing society is formed without the necessary consent, it is unlikely that it will be registered by the Registrar Cooperative Societies.

Consequences of Non-Registration

If a cooperative housing society is not registered, it may not have legal standing. This means it may not be able to enter into contracts, sue or be sued, or carry out other legal functions. Furthermore, the members of the society may not have the protections and benefits that come with membership in a registered cooperative housing society.

Conclusion

In conclusion, while it may be theoretically possible to form a cooperative housing society without the consent of all flat owners, such a society would likely face significant legal and practical challenges. It is also unlikely that such a society would be registered by the Registrar Cooperative Societies. Therefore, it is advisable to obtain the necessary consent and complete the registration process when forming a cooperative housing society.