1. There is no need for 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.
If this decision was approved by the general body in a meeting, then the decision to exclude won't make any difference to proceed with the redevelopment process.
2. A society opting for redevelopment can enter into a Development Agreement or a Redevelopment Agreement ("DA") either with the developer alone, or with both the developer and individual society members in certain cases. There are many instances in which the society executes the DA with the developer without individual society members. The society therefore acts on behalf of individual members.
Under the Development Agreement , new homes/units are provided to the existing society members in lieu of their earlier accommodation.
Permanent Alternate Accommodation Agreements provides legal sanctity to the old apartment owner with regards to their new apartment in the new building. It is only after this agreement is executed that homeowners vacate their old building.
If the office bearers are refusing to sign PAAA in the capacity of office bearer, then there is no legal infirmity in it, becasue it has to be signed by the individuals in the redevelopment agreement.