Maharashtra Overhauls Co-operative Housing Society Rules: New Norms for Membership, Nomination, Charges, Funds, AGM, Redevelopment and Recovery

Introduction

The Government of Maharashtra, through the Co-operation, Marketing and Textiles Department, has notified the Maharashtra Co-operative Societies (Amendment) Rules, 2026 on 18 June 2026, making extensive changes to the Maharashtra Co-operative Societies Rules, 1961.

The amendment has been issued in exercise of the powers conferred by sub-sections (1) and (2) of section 165 of the Maharashtra Co-operative Societies Act, 1960 and other enabling powers, after previous publication as required under section 165(3) of the Act.

The most significant change is the insertion of a dedicated Chapter XI-B titled “Co-operative Housing Societies” after Rule 106B. The new Chapter contains Rules 106C-1 to 106C-14 and lays down specific provisions governing:

• formation and registration of housing societies;
• reservation of name and opening of bank account;
• admission of members;
• associate membership;
• provisional membership after death;
• transfer through registered family arrangement;
• nomination by members and joint members;
• education and training;
• borrowing limits;
• Reserve Fund, Sinking Fund and other funds;
• levy and apportionment of society charges;
• management of housing societies;
• AGM and SGM procedure;
• video-conferencing participation;
• redevelopment meetings;
• casual vacancies in Managing Committee;
• committee powers to incur repair expenditure; and
• recovery of society dues under section 154B-29.

The amendments also modify several existing rules and delete certain provisions and forms.

Key Highlights of Maharashtra Co-operative Societies (Amendment) Rules, 2026

Area	New Rule/Change	Key Requirement
Special housing framework	Rule 106C-1 to 106C-14	Dedicated Chapter XI-B inserted
Name reservation	Rule 106C-2	Application in Form Y-1/Y-2
Registrar’s timeline	Rule 106C-2	Application to be disposed of within 30 days
Registration	Rule 106C-3	Application within 2 months of name/bank permission
Ordinary membership	Rule 106C-4	Minimum 5 shares and ₹500 entrance fee
Associate membership	Rule 106C-5	Application in Form Y-5A
Provisional membership	Rule 106C-6	Form Y-4 with indemnity bond
Family arrangement	Rule 106C-6	Registered deed and public notice mechanism
Training contribution	Rule 106C-7	₹10 per member per month
Joint member nomination	Rule 106C-8	Separate nomination for respective share
Borrowing	Rule 106C-10	General ceiling linked to society funds
Self-redevelopment borrowing	Rule 106C-10	Up to 10 times land value based on approved valuation
Sinking Fund	Rule 106C-11	Minimum 0.25% p.a. of construction cost
Repair & Maintenance Fund	Rule 106C-11	Minimum 0.75% p.a. of construction cost
Service charges	Rule 106C-12	Equally by number of units/flats
Lift expenses	Rule 106C-12	Equally among units/flats in building having lift
Default interest	Rule 106C-12	Maximum 12% simple interest p.a.
Non-occupancy charges	Rule 106C-12	10% of service charges
Ordinary GBM quorum	Rule 106C-13	Two-thirds of members or 20, whichever is less
Video participation	Rule 106C-13	Expressly permitted
SGM notice	Rule 106C-13	5 clear days
Redevelopment notice	Rule 106C-13	14 clear days
Redevelopment quorum	Rule 106C-13	Two-thirds of total members
Developer selection	Rule 106C-13	51% of total members
Recovery application	Rule 106C-14	Form Y-6 with ₹100 court fee
Recovery certificate	Rule 106C-14	Form Y-7

Part I: Amendments to Existing Maharashtra Co-operative Societies Rules

1. Rule 2 Amended to Include Section 154B-6

In Rule 2, clause (l), after the words and figures “under section 24A”, the words and figures “or section 154B-6” have been inserted.

The amendment therefore expressly extends the relevant clause to section 154B-6.

2. Rule 4: Three Sub-clauses Deleted

In Rule 4(1)(e), the following sub-clauses have been deleted:

• sub-clause (vii);
• sub-clause (viii); and
• sub-clause (viii-a).

3. Rule 8: Joint and Provisional Members Expressly Added

In Rule 8(1)(f), the words:

“nominal and associate members”

have been replaced with:

“nominal, associate, joint and provisional members”.

Accordingly, the provision now expressly includes:

• nominal members;
• associate members;
• joint members; and
• provisional members.

Further, in Rule 8(1)(x-1), references to section 154B-6 and section 154B-28 have been inserted after section 24A.

4. Rule 10: Premises Societies and New Housing Classes Added

In Rule 10(1), Entry 5, against sub-class (c), the earlier words:

“House Mortgage Societies and House Construction Societies”

have been substituted by:

“House Mortgage Societies, House Construction Societies and Premises Societies”.

Further, under Class 5, namely Housing Society, the following classes have been inserted:

• Co-operative Housing Association; and
• Association of Society.

5. Rules 20A and 20B Deleted

The amendment deletes:

• Rule 20A; and
• Rule 20B.

6. Rule 26 Extended to Section 154B-13

In Rule 26, after the reference to section 30(1), a reference to section 154B-13 has been inserted.

7. Rule 33 Substituted: Member List in Form J

Rule 33 has been replaced with a new provision stating that the list of members maintained by every society shall be in Form J.

Thus, Form J becomes the prescribed form for maintaining the society’s list of members.

8. Rule 57A: Housing Society Exclusion Added

In Rule 57A(7)(g), a proviso has been inserted stating that sub-clause (iii) shall not apply to Housing Societies.

9. Rule 58 Extended to Section 154B-23

Rule 58 has been amended to add a reference to disqualification under section 154B-23, alongside section 73CA.

10. Rule 60: References to “Active Member” Deleted

Rule 60 has been amended as follows:

• in sub-rule (1), the words “an active member elected by the active” have been deleted;
• in sub-rule (3), the word “active” has been deleted;
• in sub-rule (4), the word “active” has been deleted.

11. Rule 65: Clauses (1-a) and (1-b) Deleted

In Rule 65(1), clauses:

• (1-a); and
• (1-b)

have been deleted.

12. Rule 85 Extended to Recovery Under Section 154B-29

Rule 85 has been amended at multiple places to include section 154B-29 alongside sections 98, 101 and 137.

The amendments cover:

• Rule 85(1);
• Rule 85(4);
• Rule 85(8)(b)(ii); and
• Rule 85(8)(c)(ii).

Part II: Dedicated Chapter XI-B for Co-operative Housing Societies

13. Rule 106C-1: General Rules Made Inapplicable to Housing Societies

The following rules will not apply to housing societies:

• Rule 4;
• Rule 19;
• Rule 20(1);
• Rule 22;
• Rule 25;
• Rule 27;
• Rule 30A;
• Rules 35 to 48;
• Rule 49B;
• Rule 49C;
• Rule 53;
• Rule 53C;
• Rule 63A;
• Rule 66;
• Rule 86A; and
• Rules 93 to 103.

This is a significant structural amendment because the notified rules expressly carve housing societies out of these general provisions.

Formation and Registration of Housing Societies

14. Rule 106C-2: Reservation of Name and Permission to Open Bank Account

Every application for:

• reservation of name; and
• permission to open a bank account

for a proposed housing society must be submitted in Form Y-1.

Documents required for proposed housing society

The application must be accompanied by:

1. resolution of promoters attending the meeting for election and authorisation of the Chief Promoter;
2. minutes of that meeting; and
3. specified building or layout documents.

For a proposed tenant co-partnership housing society or premises society, the applicant must provide:

• commencement certificate; or
• building completion certificate,

certified by an architect.

For a proposed tenant ownership housing society, the applicant must provide:

• tentative layout plan certified by an architect; or
• sanctioned layout plan.

15. Separate Form Y-2 for Association of Societies and Co-operative Housing Association

An application for:

• Association of Societies; or
• Co-operative Housing Association

must be made in Form Y-2.

The application must be signed by at least two authorised office bearers of each society or legal entity.

It must include:

• list of office bearers attending the relevant general body meeting;
• minutes of the meeting electing and authorising the Chief Promoter;
• required general body resolutions;
• registration certificate of every individual society or legal body; and
• architect’s certificate confirming that the constituent societies or legal bodies are part of the same layout or plot.

Minimum number of consenting societies

For an Association of Societies, resolutions are required from at least:

5 societies

For a Co-operative Housing Association, resolutions are required from at least:

2 societies or legal bodies

The resolutions must give consent and authorise any two office bearers to attend the general body meeting and sign necessary documents.

16. Application Can Be Filed Electronically

Applications under Rule 106C-2 may be sent to the Registrar by:

• registered post;
• hand delivery; or
• electronic mode.

17. Registrar Must Dispose of Application Within 30 Days

On receipt of an application, the Registrar must:

• enter particulars in Form Y-3 register;
• allot a serial number;
• issue acknowledgment receipt.

The Registrar may allow amendment of the application before:

• reservation of name; and
• grant of permission to open a bank account.

The application must be disposed of within 30 days of receipt.

The Registrar may:

• approve the application;
• impose conditions through the permission letter; or
• reject the application after recording reasons in writing and communicating the decision.

18. Rule 106C-3: Registration Application Within Two Months

An application for registration under section 154B-3 must be made in Form Y-1 in:

• Marathi;
• Hindi; or
• English.

The application must be filed within:

2 months from the date of permission for reservation of name and opening of bank account.

Subject to section 154B-2, it must be signed by the Chief Promoter.

19. Documents Required for Registration

In addition to two copies of proposed bye-laws, the application must include:

• list of persons contributing to share capital;
• amount contributed by each person;
• entrance fee paid by each person;
• bank certificate showing credit balance in favour of proposed society;
• scheme explaining how the society’s working will be economically sound; and
• where immovable property is proposed to be held, description of property proposed to be purchased, acquired or transferred.

20. Registration Fee Structure

Type of Society	Fee
Tenant Ownership Housing Society	₹5,000
Tenant Co-partnership Society: up to 25 units/flats	₹2,500
Tenant Co-partnership Society: 26–50 units/flats	₹5,000
Tenant Co-partnership Society: 51–250 units/flats	₹7,500
Tenant Co-partnership Society: above 250 units/flats	₹10,000
Other Housing Societies	₹5,000
Housing Societies of Backward Class Persons	₹50
Housing Societies under Lok Awas Yojana	₹50
Co-operative Housing Association	₹5,000
Association of Societies	₹5,000

The registration application may be submitted through registered post, hand delivery or electronic mode.

Membership Rules

21. Rule 106C-4: Conditions for Admission as Member

Except in the case of an associate or provisional member, no person can be admitted as a member unless the prescribed conditions are fulfilled.

The applicant must:

1. apply in writing in the form specified in the society’s bye-laws;
2. pay value of at least 5 shares;
3. pay entrance fee of ₹500;
4. submit a certified copy of the duly stamped and registered agreement with the Promoter Builder or Transferor, or a registered gift deed, or another similar legal instrument mentioned in various Acts; and
5. obtain committee approval.

Where the applicant is a person covered by section 154B-1(20)(ii) to (xii), the application must also include a resolution authorising the applicant to apply for membership.

22. Rule 106C-5: Associate Membership in Form Y-5A

A person covered by section 154B-1(18)(a) may apply to become an associate member of a member through:

Form Y-5A

The application must be accompanied by the member’s recommendation.

Associate membership ceases upon:

• death of original member;
• request by original member to cancel associate membership;
• resignation of associate member; or
• death of associate member.

Death of Member, Provisional Membership and Legal Heirs

23. Rule 106C-6: Nominee Can Apply for Provisional Membership

After the death of a member or joint member, the nominee may apply for provisional membership in:

Form Y-4

The application must include an indemnity bond indemnifying the society against future claims relating to the deceased member’s shares or interest in society property.

Where there are multiple nominees:

all nominees must make one single application.

24. No Nomination: Society Must Publish Notices in Two Newspapers

Where:

• the member dies without nomination; or
• no nominee comes forward for transfer,

the society must invite applications from legal heirs by:

1. publishing notice in at least 2 local daily newspapers having wide circulation; and
2. displaying notice on the society’s notice board.

After considering applications and making inquiry, the committee may admit a person considered to be a legal heir or representative as provisional member.

The person must submit:

• Form Y-4; and
• indemnity bond.

25. Multiple Legal Heirs Must Decide Who Becomes Provisional Member

Where more than one claimant exists, they must submit an affidavit stating who should become the provisional member.

The selected person must submit the indemnity bond.

If claimants cannot agree, the committee must require:

• legal heirship certificate;
• succession certificate; or
• letter of administration from competent court.

26. Provisional Member Gets No Ownership Right

The notified rules expressly provide that:

• provisional membership ends once names of legal heirs are entered on record;
• provisional member has no right, title or ownership in the property; and
• provisional member’s name shall not be entered on the share certificate.

Transfer Through Family Arrangement

27. Registered Family Arrangement Route Introduced

After death of a member or joint member, legal heirs may execute a duly registered deed of family arrangement dealing with:

• share;
• right;
• title; and
• interest

in the flat held by the deceased member or joint member.

The rules define “Family Arrangement” as an arrangement or settlement reached between legal heirs or representative of the deceased member.

28. Application in Form Y-5

The legal heirs must submit:

• Form Y-5;
• duly registered family arrangement deed; and
• indemnity bond against future claims.

29. Public Notice in Two Newspapers Is Mandatory

After receiving the application, the committee must immediately:

• publish notice in 2 local daily newspapers having wide circulation; and
• display notice on the society notice board.

The notice must invite claims and objections to the proposed transfer.

30. Transfer Where No Objection Is Received

If no claim or objection is received within the prescribed period, the committee may transfer:

• share;
• right;
• title; and
• interest

in accordance with the registered family arrangement.

31. No Transfer Where Objection or Dispute Exists

If any claim or objection is received from:

• a person claiming to be legal heir; or
• a person disputing the registered family arrangement,

the committee must not transfer the deceased member’s right, title or interest.

The legal heirs must be asked to obtain:

• legal heirship certificate; or
• letter of administration

from a competent court.

Education and Training

32. Rule 106C-7: Annual Training Programme Required

Every:

• Co-operative Housing Society;
• Association of Societies; and
• Co-operative Housing Association

must organise annual education and training programmes for members, officers and employees through notified institutions.

33. Housing Society Contribution: ₹10 Per Member Per Month

Every co-operative housing society must contribute:

₹10 per member per month

to the Co-operative Education and Training Fund.

Every Co-operative Housing Association or Association of Societies must contribute:

₹1,000 annually

The amount must be collected annually and used within:

• the same financial year; or
• the following financial year

for training programmes.

34. Training Duration

As far as possible:

• members: at least one session of 3 hours annually;
• committee members, office bearers and employees: at least two sessions of 3 hours annually.

Nomination Rules

35. Rule 106C-8: Nomination for Provisional Membership

A member or joint member may nominate one or more persons for provisional membership.

The nomination form must:

• follow the society’s bye-laws;
• be signed by the member; and
• be submitted during the member’s lifetime.

36. Each Joint Member Must File Separate Nomination

In case of joint members:

each member must submit a separate nomination form for his or her respective share.

A nomination may be revoked or changed by filing a fresh nomination form under the bye-laws.

37. Nomination Register Mandatory

Under Rule 106C-9, the society must enter in the Rule 32 register:

• nominee’s name;
• nominee’s address;
• revocation of nomination; and
• variation of nomination.

Borrowing Powers

38. Rule 106C-10: General Borrowing Limit

A housing society cannot incur liability exceeding 10 times the aggregate of:

• paid-up share capital;
• accumulated reserve fund;
• member contributions towards land and building; and
• building fund,

after deducting accumulated losses.

39. Special Borrowing Rule for Self-Redevelopment

For self-redevelopment and self-development, a housing society may borrow up to:

10 times the value of land

The land value must be supported by a valuation report from a:

Government-approved valuer.

Society Funds

40. Rule 106C-11: Reserve Fund

The Reserve Fund must consist of:

• entrance fees;
• transfer fees, charges or premium received on transfer of membership;
• annual profit or surplus allocations under section 66(1) and (2); and
• donations not earmarked for specific purposes.

41. Sinking Fund: Minimum 0.25% Per Annum

The society must establish a Sinking Fund.

Minimum contribution:

0.25% per annum of construction cost of each flat

The construction cost must be:

• cost incurred during building construction; and
• certified by the architect.

The fund is to be used for heavy repairs approved by the general body.

42. Repair and Maintenance Fund: Minimum 0.75% Per Annum

The society must establish a Repair and Maintenance Fund.

Minimum contribution:

0.75% per annum of construction cost of each flat

The construction cost must be architect-certified.

The fund covers routine recurring repairs of society buildings or properties.

43. Major Repair Fund

The society must establish a Major Repair Fund.

Contributions must be:

• fixed pro rata on area basis;
• collected as and when required; and
• decided by the general body.

It is meant for significant repair and maintenance work.

44. Election Fund Mandatory

The society must establish an Election Fund.

Contributions must be:

• collected equally from all members; and
• used for Managing Committee elections,

as decided by the general body.

45. Welfare Fund Is Voluntary

The society may establish a Welfare Fund from voluntary contributions.

It may be used for:

• social activities;
• cultural activities; and
• recreational activities.

46. Corpus and Other Funds

The society may maintain a Corpus Fund.

It may also establish other funds for specific purposes:

• with general body approval; and
• through equal contributions from members.

Levy and Apportionment of Society Charges

47. Charges That Society May Collect

Rule 106C-12 identifies:

• service charges;
• property tax;
• water charges;
• lift repair and maintenance expenses;
• lift running charges;
• new lift installation charges;
• car parking charges;
• interest on defaults;
• loan instalments and interest;
• non-occupancy charges;
• insurance charges;
• lease rent;
• non-agricultural tax;
• fund contributions; and
• other general body-approved charges not contrary to the Act and Rules.

48. Service Charges: What Exactly Is Included?

Service charges include:

• salaries of office staff;
• salaries of lift men;
• salaries of watchmen;
• salaries of other employees covered by the rule;
• expenses of independent society office;
• property tax of society office;
• electricity charges of society office;
• water charges of society office;
• printing;
• stationery;
• postage;
• travelling allowance;
• conveyance expenses;
• committee members’ conveyance;
• sitting fees;
• housing federation subscriptions;
• subscriptions to other affiliated co-operative institutions;
• affiliation entrance fees;
• internal audit fees;
• statutory audit fees;
• re-audit fees;
• test audit fees;
• general body meeting expenses;
• committee meeting expenses;
• sub-committee meeting expenses;
• retainer fees;
• legal charges;
• enquiry fees specified in the rule; and
• common electricity charges.

Exact Basis for Charging Members

49. Service Charges: Equal Per Flat or Unit

Service charges must be:

equally divided by the number of units or flats.

Therefore, the notified rule does not prescribe carpet-area apportionment for service charges.

50. Property Tax

Property tax is apportioned:

• as fixed by local authority; and
• for common area, based on carpet area of each unit or flat.

51. Water Charges

Water charges are based on:

• total number of inlets or taps; and
• size of inlets or taps

provided in each flat according to the sanctioned building plan.

52. Lift Expenses: Equal Among Flats in Building Having Lift

Expenses for:

• lift repairs;
• lift maintenance;
• lift running; and
• installation of new lift

must be apportioned:

equally by number of units or flats in the building in which lift is provided.

53. Car Parking Charges

At the rate fixed by the general body.

54. Interest on Defaulted Charges Capped at 12%

Interest is at the rate fixed by the general body, subject to maximum:

12% simple interest per annum.

55. Non-Occupancy Charges Fixed at 10% of Service Charges

Non-occupancy charges are:

10% of service charges.

56. Insurance Charges Based on Carpet Area

Insurance charges are apportioned according to:

carpet area of each flat.

If the insurance premium increases because specific goods are stored in a flat or commercial unit, the additional burden is borne by those responsible, proportionately according to carpet area.

57. Lease Rent Based on Carpet Area

Lease rent is apportioned according to:

carpet area of each unit or flat.

58. Fund Contributions

The apportionment basis is:

Fund	Basis
Sinking Fund	Minimum 0.25% p.a. of construction cost
Repair & Maintenance Fund	Minimum 0.75% p.a. of construction cost
Major Repair Fund	Carpet area
Education & Training Fund	₹10/member or Govt rate, whichever higher
Election Fund	Equally among members
Welfare Fund	Voluntary
Any other fund	Equally among members
Amenities charges	Equally among members
Playground/garden/jogging track	Equally among members

Governance of Housing Societies

59. Rule 106C-13: Bye-laws Are Core Governance Framework

Every:

• housing society;
• Association of Societies; and
• Co-operative Housing Association

must be governed by bye-laws approved by the Registrar.

The rules expressly state that the bye-laws form the:

core governance framework

of the society.

60. Registrar to Issue Model Bye-laws

The Registrar must issue model bye-laws for:

• housing societies;
• Associations of Societies; and
• Co-operative Housing Associations.

Such entities may adopt model bye-laws within:

3 months from publication through the Registrar.

61. Duties of Managing Committee

The Managing Committee must:

• execute general body decisions;
• prepare annual budget;
• maintain financial records;
• ensure timely audits;
• undertake repair and maintenance;
• ensure compliance with adopted model bye-laws; and
• perform duties under those bye-laws.

Professionals such as architects and contractors may be appointed with general body approval.

General Body Meetings

62. General Body Is Supreme Decision-Making Authority

The rules expressly provide that:

the general body is the supreme decision-making authority in the society.

Its decisions bind the Managing Committee.

The committee must implement those decisions.

63. Members Can Attend Through Video Conferencing

Participation may be:

• physical; or
• through video conferencing or other audio-visual means.

The system must be capable of:

• recording participation;
• recognising participation; and
• storing proceedings with date and time.

64. AGM Every Year

The AGM must be held every year under section 75.

Notice and agenda must comply with:

• the Act; and
• the bye-laws.

65. AGM/SGM Quorum

The quorum is:

two-thirds of total members or 20 members, whichever is less.

Examples

Total Members	Quorum
15	10
21	14
30	20
50	20
100	20
500	20

66. No Quorum: What Happens?

If quorum is absent within half an hour:

Meeting called on members’ requisition

The meeting is dissolved.

Other meetings

It is adjourned:

• to a later hour on same day and same place, where specified in notice; or
• to a later date not earlier than 7 days and not later than 30 days.

At the adjourned meeting, original agenda business may be transacted even without requisite quorum.

67. Voting Threshold at General Body Meeting

Decisions are passed by:

51% of total members of the society present

including members attending through video conferencing.

68. SGM Can Be Called With Five Clear Days’ Notice

A Special General Body Meeting under section 76 may be called by giving:

5 clear days’ notice.

Redevelopment Rules

69. Redevelopment Meeting Requires 14 Clear Days’ Notice

For redevelopment matters:

14 clear days’ notice is mandatory.

70. Redevelopment Quorum Is Two-Thirds of Total Membership

The quorum is:

two-thirds of total members of the society.

Unlike the ordinary GBM quorum, the “20 members, whichever is less” formula is not stated for redevelopment meetings.

71. Registrar’s Representative Must Be Present

The redevelopment meeting must be conducted in the presence of:

representative of the Registrar.

72. Video Recording Mandatory

The redevelopment meeting must be video recorded.

The recording must be:

• kept with the Chairman; and
• one copy deposited with the jurisdictional Assistant or Deputy Registrar.

73. Developer/Contractor Selection Requires 51% of Total Members

A resolution selecting a developer or contractor must secure:

51% of total members of the society

including members attending through video conferencing.

The Registrar’s representative must submit a factual report on conduct of the meeting.

The Registrar must communicate the report to the society.

Casual Vacancies in Managing Committee

74. Committee Can Fill Casual Vacancy

A vacancy arising due to:

• death;
• resignation;
• disqualification;
• removal;
• incapacity; or
• another reason before expiry of term

may be filled by the Managing Committee.

75. Seven-Day Nomination Notice

The Secretary or authorised person must give:

7 days’ notice

on the society notice board inviting nominations.

After scrutiny, valid nominations are placed before the committee.

If nominations exceed vacancies, the committee fills vacancies by majority vote.

The co-opted member serves only for the remaining committee term.

Repair and Maintenance Spending Limits

76. Managing Committee’s One-Time Expenditure Powers

The committee may incur repair and maintenance expenditure once in a financial year where one-time expenditure does not exceed:

Society Membership	Limit
Up to 25 members	₹1 lakh
26–50 members	₹2 lakh
51–100 members	₹3 lakh
101–1,000 members	₹4 lakh
1,001 and above	₹5 lakh

Recovery of Society Dues

77. Rule 106C-14: Application in Form Y-6

Every application for recovery certificate under section 154B-29 must be:

• in Form Y-6; and
• accompanied by ₹100 court fee.

The application must specify:

• dues claimed; and
• whether the debtor is a member or non-member.

78. Documents Required With Recovery Application

The society must submit:

1. authority letter;
2. certified updated account of dues or personal ledger;
3. certified resolution approving charges, major repair fund or construction costs;
4. certified resolution approving simple interest;
5. original treasury challan or other proof of fee deposit; and
6. copy of notice issued by society.

79. Seven Days to Rectify Defects

If the application is incomplete, the Registrar may grant:

7 days

to rectify deficiencies.

Failure to comply within the period results in dismissal of the application.

80. Notice to Opponent Within 15 Days

After registration, the Registrar must issue notice within:

15 days

requiring the opponent to file a written statement.

Service may be through:

• hand delivery;
• registered post acknowledgment due; or
• public notice in at least one local daily newspaper where the opponent cannot easily be found.

Publication cost is borne by the applicant.

81. Opponent May Appear Personally or Through Representative

The opponent may appear:

• personally;
• through advocate; or
• through representative.

The Registrar may initially grant adjournment up to:

15 days

for filing written statement.

82. Ex Parte Procedure Where Opponent Is Absent

If:

• applicant appears; and
• opponent does not appear,

the Registrar must verify due service.

The applicant may then be directed to prove the claim, and the application may be decided ex parte.

If the opponent later appears before final decision and shows sufficient cause for absence, the opponent must be heard.

83. Applicant’s Absence Does Not Automatically Dismiss Claim

If:

• opponent appears; and
• applicant does not appear,

the Registrar may issue Form Y-7 recovery certificate to the extent admitted by the opponent.

The applicant’s absence is not a reason by itself to dismiss the claim.

The matter must be decided on merits.

84. Registrar Can Order Production of Documents

Where a relevant document is in the opposite party’s custody, the Registrar may direct production.

If the party fails to produce it:

• adverse inference may be drawn; and
• proceedings need not be postponed.

Where documents cannot be physically produced for sufficient reason, inspection may be allowed within:

7 days from the inspection order.

85. Recovery Application Intended for Decision Within Three Months

After replies, the Registrar must:

• hear oral arguments; and
• close proceedings for order.

Every endeavour must be made to decide the application within:

3 months from the first date of hearing.

86. Reasoned Judgment and Form Y-7 Certificate

After hearing the parties, the Registrar must:

• issue reasoned judgment;
• grant or reject the application; and
• issue certificate in Form Y-7.

The judgment and certificate must carry:

• Registrar’s signature; and
• date.

Other Amendments

87. Rule 107 Extended to Section 154B-29

Rule 107(1)(e) and its proviso have been amended to include references to:

section 154B-29(1) and (2).

88. Forms Deleted

The amendment deletes:

• Form J-1;
• Form J-2; and
• Forms M-1 to M-19.

89. New Forms Added

The new framework refers to forms including:

• Form Y-1;
• Form Y-2;
• Form Y-3;
• Form Y-4;
• Form Y-5;
• Form Y-5A;
• Form Y-6; and
• Form Y-7.

Practical Impact on Housing Societies and Members

The amendment directly affects the day-to-day administration of co-operative housing societies in Maharashtra.

Managing Committees will need to review, among other things:

• existing membership forms;
• entrance fee practices;
• share contribution requirements;
• associate membership records;
• nomination records;
• treatment of nominees after death;
• provisional membership procedure;
• legal-heir claims;
• family arrangement transfers;
• education and training contributions;
• Sinking Fund calculations;
• Repair and Maintenance Fund calculations;
• service charge apportionment;
• lift expense apportionment;
• non-occupancy charges;
• default interest rates;
• AGM and SGM quorum;
• video-conference arrangements;
• redevelopment meeting procedures;
• committee expenditure powers;
• recovery resolutions;
• member ledgers; and
• recovery documentation.

Key Takeaways

The most consequential changes are:

1. A separate Chapter XI-B now specifically regulates housing societies.
2. Service charges are to be divided equally by number of units or flats.
3. Non-occupancy charges are fixed at 10% of service charges.
4. Interest on defaulted charges cannot exceed 12% simple interest per annum.
5. Sinking Fund contribution is subject to minimum 0.25% per annum of construction cost.
6. Repair and Maintenance Fund contribution is subject to minimum 0.75% per annum of construction cost.
7. Nominees are admitted through a provisional membership mechanism.
8. A provisional member gets no right, title or ownership in property and is not entered on the share certificate.
9. Each joint member may separately nominate for his or her respective share.
10. Registered family arrangements receive a specific transfer procedure.
11. Members can participate in general body meetings through video conferencing or other audio-visual means.
12. Ordinary AGM/SGM quorum is two-thirds of total members or 20, whichever is less.
13. Redevelopment meetings require 14 clear days’ notice and two-thirds total membership quorum.
14. Developer or contractor selection requires approval of 51% of total society membership.
15. A detailed recovery certificate procedure has been introduced under Rule 106C-14.

Frequently Asked Questions

FAQ 1. What are the Maharashtra Co-operative Societies (Amendment) Rules, 2026?

The Rules notified on 18 June 2026 amend the Maharashtra Co-operative Societies Rules, 1961 and insert a dedicated Chapter XI-B for co-operative housing societies. The new framework covers formation, registration, membership, nomination, provisional membership, funds, charges, meetings, redevelopment and recovery of dues.

FAQ 2. How must service charges be divided under the new rules?

Under Rule 106C-12, service charges are to be divided equally by the number of units or flats. The rule does not prescribe carpet-area-based apportionment for service charges.

FAQ 3. What is the maximum interest that a housing society can charge on defaulted dues?

Interest is to be fixed by the general body but cannot exceed 12% simple interest per annum.

FAQ 4. What are the non-occupancy charges under the new rules?

Non-occupancy charges are prescribed at 10% of service charges.

FAQ 5. What is the minimum Sinking Fund contribution?

The Sinking Fund contribution is to be fixed by the general body, subject to a minimum of 0.25% per annum of the construction cost of each flat or unit, based on the construction cost incurred during building construction and certified by the architect.

FAQ 6. What is the minimum Repair and Maintenance Fund contribution?

The minimum is 0.75% per annum of the construction cost of each flat or unit, with the construction cost certified by the architect.

FAQ 7. Does a nominee automatically become owner of the flat?

The rules provide for provisional membership. They expressly state that a provisional member has no right, title or ownership of the property, and the provisional member’s name is not to be included on the share certificate.

FAQ 8. Can joint members make separate nominations?

Yes. In the case of joint members, each joint member must submit a separate nomination form for his or her respective share.

FAQ 9. Can housing society members attend meetings through video conferencing?

Yes. The new rules expressly permit participation through video conferencing or other audio-visual means, provided the system can record and recognise participation and store proceedings with date and time.

FAQ 10. What majority is required to select a developer or contractor for redevelopment?

The resolution must be passed by 51% of the total members of the society, including members participating through video conferencing.

Conclusion

The Maharashtra Co-operative Societies (Amendment) Rules, 2026 introduce a detailed and separate governance structure for co-operative housing societies in Maharashtra.

The amendments go beyond procedural changes. They prescribe specific rules for membership, associate membership, nominees, provisional members, legal heirs, family arrangements, fund contributions, service charges, lift expenses, non-occupancy charges, interest on defaults, general body meetings, video participation, redevelopment voting, committee spending powers and recovery proceedings.

Housing societies, Managing Committees, office bearers and members should therefore examine existing bye-laws, billing practices, fund calculations, nomination records, membership procedures, meeting processes, redevelopment decisions and recovery documentation against the newly notified provisions.