jueves, 07 de abril de 2022
Who can be a member of a housing cooperative?
Knowing who can be a member of a cooperative is one of the first questions raised by those who want to set up one.
It is clear that this is something that is well controlled by expert managers. You already know that cooperative managers are the most important part of the process, and that you should never be part of a cooperative that is not coordinated by one of them.
In case the brilliant idea of forming a housing cooperative on your own has occurred to you, my recommendation is that you do not do it if you really do not have knowledge.
How many members are needed to set up a cooperative?
The law distinguishes for this aspect between cooperative of first degree and cooperative of second degree.
The first are those in which all its partners are natural persons. The second are those in which their partners are natural persons, but also other cooperatives.
In any case, the minimum number of members necessary to establish a housing cooperative will be established by law. In case of not saying anything about it, the cooperative law establishes that it will be:
At least 3 partners in a first degree cooperative.
At least 2 partners in a second degree cooperative.
Who can be a member of a cooperative?
Legal persons (public or private).
Communities of goods.
In addition, it will be the cooperative,s own Statutes that establish the requirements that must be met so that they can acquire the status of member. As long as they do not contradict what the law establishes!
How is the admission process for new members?
Now that you know who can be a member of a housing cooperative, the second thing you should know is what the admission process is for new members. Imagine that you are the one who replaces a partner to acquire your home!
You must send the Governing Council your request to become a member of the cooperative, in writing!
The Governing Board must respond to your request within a maximum period of three months from when it was received. If he didn,t, it will be understood that he grants it to you!
If he answered you within the deadline, but did not grant you admission as a member of the cooperative, you can appeal his decision!
You can do it within a period of 20 days from when you were notified of your resolution. And you must do it before the Resources Committee and, failing that, before the General Assembly.
The appeal will be resolved within a maximum period of two months from when you filed it. If you did it before the General Assembly, it will resolve at the first meeting it holds. In both cases they will give you a prior hearing and your status as a member will be suspended until they resolve!
In the event that you are admitted as a member of the cooperative, the rest of the members may challenge this agreement following the procedure established by the Statutes. They will also give you a prior hearing!
You must pay the cooperative the mandatory contribution to the share capital and, if applicable, the entry fee to it.