Dear Sir/Madam Greetings! I am the owner of flat with 11 members. Out of them only 4 owners stay in building, 3 are office bearers and acting like 'Boses of their own'. The redeveopment process is going on and i was been purposely kept in dark regarding all meetings and details. We sent complaint letters to society and registrar. I did not go ahead with any legal actions as i didnt want to fight. Now the society office bearers are NOT keeping any contact with me even regarding redevelopment matter. The appointed builder is telling very few important things to us. Convyance deed contains my name, so office bearers cannot deny me from redevolpment benefits and rights. Now redeveopment agreement has been done WITHOUT any information to me and without my SIGN. But i want to execute PAAA to secure my rights in such situations. But office bearers Not ready to sign PAAA. Builder is ready to sign. My queries are- 1) What can be the consequences for Not having my SIGN on Redevelopment agreement? 2) Office bearers denying to sign on PAAA , while builder is ready to sign. Will this help me SECURE my rights related to redevelopment? If Not , what should i do please guide. I AM READY TO TAKE REQUIRED LEGAL ACTIONS TO PROTECT MY HOUSE AND RIGHTS. Thanks so much With Regards
Redevelopment agreement has to be approved in AGM by passing resolution to that effect
2) the re development agreement should be signed by all flat owners unless AGM authorised office bearers to sign the agreement
3) kindky clarify what you mean by PAAAA
A circular is issued by CCRA requiring every individual Society members to be compulsorily be a party to DA and PAAA. Any DA or PAAA without your consent and signature is not valid.
Can you keep yourself and your flat separate from others? Had anybody debarred or stopped you from participating in activities of society? If not, then actively participate in meetings, enquire from builders about on going developments. Donot make issue as any adversity would prejudice your flat and interest also. You can make separate PAAA with builder but note that it would be also on the same line as with other PAAA.
1. Nothing. By conduct you have confirmed and consented the redevelopment agreement.
2. Yes, it will prejudice your interest as all flats will be redeveloped collectively.
Consequences of not having your signature on the redevelopment agreement:
If you did not sign the redevelopment agreement, you may not be bound by its terms and conditions. However, it is best to consult a lawyer to know the exact implications of not signing the agreement.
Denial of office bearers to sign on PAAA:
If the office bearers are not ready to sign the PAAA, you may try to negotiate with them or take legal action to enforce your rights. However, since you mentioned that the builder is ready to sign the PAAA, you may still be able to secure your rights related to the redevelopment. Again, it is best to consult a lawyer to know your options and the best course of action.
Overall, it seems that your rights as a flat owner may have been violated, and legal action may be necessary to protect your interests. It is important to consult a lawyer who can advise you on the specific legal options available to you and guide you through the process.
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.
1. Your rights will not be predefined
2. Yes you can go to court and seek directions against such officer bearers
1. if majority members have resolved in favour of the redevelopment and a resolution to that effect is passed in a meeting of general body of society [in which majority members were present who were entitled to vote],then the society can go ahead with signing the DA with the builder
2. the PAAA would be between the builder and the member. in many cases the society is joined as a confirming party. the builder has to give all the redevelopment benefits equally to all the society members and there cannot be any discrimination or favoritism
3. if the society is stopping the builder from entering into a PAAA with you then you will have to take up this matter with the society registrar and if required by filing a case in a co-operative court. since the builder is not against you, he will be joined as a formal party in the proposed proceedings
You should immediately send a legal notice to the other 10 members of the Flat and state that what they are doing is illegal and execution and registration of PAAA cannot take place without your signatures.
You can also file a Suit for declaration as an owner against the other 10 members in respect of the Flat and include prayer that execution and registration of PAAA cannot take place without your signatures
