As per Maharashtra State Cooperative Society Act, 1960 it is the duty of the Builder/Developer to form society & hand over the Account & Documents to Provisional Working Committee (PWC).
Society Formation deals in two ways, with the consent of the Builder & without the consent of the Builder i.e., Flat purchasers can apply for registration of Cooperative Housing Society under Non-cooperation.
SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER
The Registration process and requirements are governed by the Maharashtra State Co-operative Society Act 1960.
To Register Co-op. Housing Society, Minimum of 10 members are required.
Less than 10 members of Societies are also Registered as per Maharashtra State Govt. Ordinance No. 1094 and 277/14 dated 10/03/1995. But such member’s flats should be less than 700 Sq.ft. Carpet Area
As per M.S. Govt. Notification dated 24/07/1992 conditions for registrations are liberalized.
60 % of the Promoters are must be ready to form a Co-op. Housing Society.
If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.