no need the consent of 100% of members to initiate redevelopment. It has to be considered in general body wherein 3/4th of society members are present.
Consent for Redevelopment
I am one of the flat owner in building of 9 apartments in pune, Maharashtra . Apartment deed has been executed. 8 /9 members are willing to go for redevelopment. We have shortlisted a builder. However one of the members is posing problems as he is not cooperating. Builder has asked us to get his consent. However, we want builder to take lead in this. I want to know what are possible remedies in this case - 1. What can we do? 2. What can our builder do? I understand it is an apartment and hence that particular member is absolute owner of the property. But we are looking for smart solutions apart from legal ones. Thanks
Asked 5 years ago in Property Law
Religion: Hindu
12 Answers
Try to go for the permission else approach the court for the remedy.
1) ask the builder to sweeten the deal
2) on redevelopment offer bigger area of flat and higher corpus amount
3) you need his consent for redevelopment of property
4) you cannot force the apartment owner to give his consent
5) you can point out that costs of repairs would be substantial and each apartment owner would have to pay x amount fir repairs . He may then give his consent if he does not want to shell out money for repairs
https://www.hindustantimes.com/mumbai-news/51-owners-consent-enough-for-redeveloping-old-buildings-in-maharashtra/story-oNa2RCFSCR68GjH76JMcrI.html This news specifes that only 51% consent is enough even in case of apartments. can anyone clarify about enactment of this news?
Asked 5 years ago
As per amendment in Maharashtra apartment act if majority of flat owners are agreeable for redevelopment you can redevelop the property
Article is right and amendment is flats act confirm 51% owners consent sufficient for redevelopment.
If single owner pose any problem call the police.
Consent dose not required.
Yes it's amended and is applicable if gazette notification is done
Does anyone have idea whether same has been notified? If same is notified, then what will be procedure? Will there be suit filled by Builder to get the possession?
Asked 5 years ago
Builder will file suit to ask flat owner to vacate premises
2) he will enclose resolution passed in AGM wherein majority of members have given their consent for redevelopment
If notified then it becomes effective. Builder can evict you if there is 51 percent consent
Dear Client
As per The amendment to the Maharashtra Apartment Ownership Act (MAOA) you only need consent of 51% of members of association for redevelopment of building for that you need to have consent letters from the members who are giving consent for redevelopment.
And if one member is not giving the possession for redevelopment then builder can file a civil suit to get possession of the flat as per MAO act with consent letter of all the residents.
Redevelopment of old buildings or a complex of old buildings across the state can now be undertaken with consent from 51% of those owning apartments there, as opposed to consent of all owners earlier. This amendment to the Maharashtra Apartment Ownership Act (MAOA) was approved by President of India.
The amendment in the [Maharashtra] Apartment [Ownership] Act was carried out long back…which has now got the President’s assent. Now, whenever many of these buildings need redevelopment – excluding cessed buildings – consent of 51% of the residents would be required.
Under RERA, all precautions have to be taken by the developer and this is beneficial for the original occupants. The decision is beneficial for housing societies and for overall development. Mostly decisions within the housing societies are passed with 51% majority
You have rightly heard about it.
The amendment in the [Maharashtra] Apartment [Ownership] Act was carried out long back…which has now got the President’s assent. Now, whenever many of these buildings need redevelopment – excluding cessed buildings – consent of 51% of the residents would be required.
Builders with 70% consent (as per the Maharashtra Ownership Flats Act (MOFA) 1963), also fudged the process and now that consent requirement is further reduced, the builders will have a field day and the original occupants will never get a house.
Redevelopment of old buildings or a complex of old buildings across the state can now be undertaken with consent from 51% of those owning apartments there, as opposed to consent of all owners earlier. This amendment to the Maharashtra Apartment Ownership Act (MAOA) was approved by President ofn India.