• Regarding redevelopment

Hello!
This is regarding REDEVELOPMENT of our 23 year old building.
We have total 12 flats. 5 flat owners including us stay in building and rest flats owners have rented their flats. 
In our building only 3-4 people of managing commiittee are taking redevelopment dccisions, without any transparency. They don't accept our written letters and objections on redevelopment process.They have come till MOU step of builder of their choice, without asking and comparing tenders from others. 
Also the FSI is yet to be declared for our city (Panvel-near upcoming International airport). All other buildings around are waiting for the New FSI to be declared to take its benefit.But our commiittee people are in haste of MOU. 
We want FAIR redevelopment process. PLEASE SUGGEST WHAT STEP SHOULD I TAKE NOW.
Thanks and Regards
Shweta
Asked 4 years ago in Civil Law

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11 Answers

hello,

A representation must be given to the Chairman and secretary of the society and if they do not respond a complaint must be lodged with the registrar cooperative society and the municipal corporation.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. any decision regarding redevelopment of society property has to be taken with consent of atleast 75% of members by passing special resolution

2. the appointment of builder has to be made in a special general body meeting in presence of the Deputy Registrar of Co-operative housing societies and entire procedure has to be video recorded

3. the managing committee cannot take unilateral decisions without consent from majority members in a general body meeting

4. the entire decision on redevelopment of society property has to be taken as per the directions given in the 3rd January 2009 circular issued by the Maharashtra Government under section 79(A) of the Maharashtra Co-op societies act

5. if the procedure adopted by the MC is in deviation to the prescribed procedure lade down in the above circular, then the MOU will be illegal

6. write a complaint letter to the registrar of co-operative societies describing the illegalities committed by the MC

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1) You can make complaint to the registrar regarding this issue that all members are not involved in this process.

2) At least 7 members should pass this resolution for redevelopment of building.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. Redevelopment is usually burdened with bitterness and complaints of high-handedness and corruption against the Managing Committee of the society, which is why society members should always appoint a lawyer before signing a contract with the builder;

2. The society should prepare a comparative chart and, after checking the merit, reputation, technical capability, experience, financial status, quality of construction and successful completion of projects, it should select the builder;

3. The contract should clearly mention the obligations of the builder and the society members and the penalty or consequences of any breach of the contract by either of the parties. Once the agreement is accepted in terms of area and corpus fund, it cannot be revised;

4. If the carpet area, as documented in the agreement, is not given by the builder, the owner can claim appropriate compensation through a consumer court (in your case RERA) by filing a complaint against the builder under the counts of Breach of Trust, Cheating, Unfair Trade Practice and Deficiency in Service;

5. The housing society should insist on a bank guarantee, which would take care of monetary compensation to ensure the project is not delayed or stopped midway. The successful bidder has to give a bank guarantee equivalent to 20 percent of the total project cost;

6. The agreement should mention the time of completion of the project, the size of the new houses, the mode and nature of monetary compensation, if it's a one-time payment, reimbursement of rent, or a mix of both. The developer also has to offers a monthly compensation in advance along with the brokerage and transportation charge that the tenant has to incur while securing an alternate accommodation.

7. The monthly compensation should suitably be agreed upon, which is equivalent to the prevalent rate of rentals in the same vicinity. The developer usually pays post-dated cheques. In case this advance rental is dishonoured, the society has the right to prevent the builder from either selling or allowing any new flat purchaser to occupy their respective flats;

8. At the time of vacating the premises, all the members have to give consent and vacate as per the resolution passed in the general body meeting. In case, a member refuses to do so the society or the builder may move the competent court.

9. Builders often twist and grossly violate the rules of by unlawful planning and constructing additional/unauthorised areas that are beyond their entitlement. The buyers of such unlawful flats/properties land themselves in deals that lead to litigation at a later date;

This is my further response to you:

1. Send the society members a legal notice;

2. Ask them to comply with the procedures of the MCS Act;

3. If not then approach the consumer court and drag the society members and the builder.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Approach court and seek stay of redevelopment process as procedure presecribed in bye laws for redevelopment has not been followed

2) approval of AGM is mandatory for redevelopment of society

3) MC cannot unilaterally take decision

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Goto the high court against the registrar if he has passed an adverse order or is not passing an order and stalling the matter and trying to dilate the issue.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1) You can make complaint against society members in the Consumer Court or Consumer forum.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Filesuit seek stay of redevelopment

Take plea that defaulters managing society not following bye laws adopted by society for redevelopment

THat redevelopment has not been approved in AGM

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

in that event you will have to complain to the officer who is senior to the registrar

attach all the correspondences you have made to the registrar and response if any given by the registrar

ultimately if the officers do not act then you will have to file a Dispute case in co-operative court and seek interim reliefs to stay the signing of MOU between MC and builder without following due procedure of law

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The redevelopment process cannot be undertaken by a few people deciding about it within themselves without consulting others about it.

Whether the association is a registered body or not

If unregistered then you may issue a legal notice to them instructing them to not to proceed without discussing other members failing which you may file an injunction suit, seeking to restrain them from proceeding any further in this regard

Discuss with other members and take a decision on the advise of an advocate in the local.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can submit the complaint before registrar, if there is no response then you may approach cooperative court for remedy and relief.

You may file an injunction suit restraining them from proceeding ahead in this matter in any manner

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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