No need to bow down to pressure tactics
2) if he refuses to vacate flat for demolition seek court orders to direct member to vacate flat
Arm twisting by single member in coop society for flat allotment in proposed self developed building
We are cooperative society in Mumbai & we are in process to self developed our building since it is 50 years old building & very less residual life .We gave got consent from all society members to ho ahead with self redevolpment. Suddenly during plan process one of the society started demanding unreasonably & in not fulfilling his demand ,he canceled to buy extra area which he was purchasing & started to demand in change in plan to accommodate his flat as per his choice which us practically not possible .Except him all 23 members out of 24 were satisfied. He has sent notice to cooperative society registrar that we should take all our resolution back & have falsely quoted that society has not followed process & was not democratic in making decisions which is completely wrong .Only lapse society feels that few of the process to meet timeliness of premium discount of 31 Dec 2021 was not followed & also few dye to unawareness of by-laws. If we do not proceed with self redevolpment & get IOD by 31 Dec 2021 then society will incur with financial losses of 3 cr approx & also will make project unfeasible. Wanted to enquire what society should take & what are rights of society & probability of society to win legal battle & also get compensation of 3 cr loss from the member ? What all other probabilities?
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
1. Once a person becomes a society member he loses his individuality
2. He is then known through the society
3. If the society in its general body meeting has by majority passed a resolution for self redevelopment then a single member cannot object and hold the society and other members to ransom
4 . As this member has lodged some complaint with the registrar, the society will have to reply to it
5. If due to all this the society is prevented from availing the premium discount and incurs losses then the society will have to file a suit against the objector member and seek injunctive reliefs against him
6. When majority is for self redevelopment then one member cannot stop that on the allegations that certain procedures were not followed. The law requires substantial compliance and not strict compliance
If you have passed the resolution for redevelopment according to your society's bylaws and kept proper records, you need not fear any action by a dissenting member. Please send a reply to the Registrar explaining the factual position.
Self-redevelopment initiatives are not something new – residents always have the option of doing it on their own
redevelopment can take place if 75 % of members give their consent.
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.
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.
- As per rule , a member cannot refuse to accept the by -laws which is dully passed in the GBM in the presence of 2/3 rd members of the society.
- Hence, the said members cannot challenge the same and his membership can be canceled by the society.
- Society should reply the said notice after narrating the real object behind the development of the building .
ypu can still go forward as majority are in agreement. Only if sone illegality and irregularities are there objections of a single person will be considered
