The majority view prevails 

2) you cannot get commercial space in lieu of residential 

1. If the majority is in favour as you have said 27/32, your objection cannot be sustained. 

2. If you require only a commercial space, work it out with the promoter and arrive at an agreement.

You need some guarantee that builder will complete redevlopment within stipulated period 

2) You can insist that redevlopment agreement is vetted by a lawyer 

3) Lawyer can suggest necessary clauses to protect your interests 

4) circulate legal opinion to all members of society .however if members are willing to proceed with redevelopment without bank guarantee you will not get any stay order from court 

What is the purpose of the bank guarantee? What are the conditions to be imposed on the promoter/builder? Will the promoter/ builder agree to your terms even if the majority is in favour of insisting on such a bank guarantee?

A performance guarantee extended by a bank boils down to a financial guarantee when invoked. No one can ask the bank to perform the unfinished obligations of the builder! The risk here is that any bank will try to wriggle out of its guarantee obligations and drag on the legal proceedings by engaging competent lawyers to safeguard its interests. Now, after RERA, better remedy lies with the RERA authority of the State concerned for any grievance against the promoter/builder, in my view. Please take a call after weighing all the pros and cons. Good luck!

I have already advised you is to get legal opinion of lawyer and circulate it among members 

if majority of members are willing to go ahead with redevelopment without BG your only remedy is to go to court and seek stay of redevelopment of building 

in alternative sell your flat 

Ye bank guarantee is very important and as per the Maharashtra regulations the builder has to the 20 percent bank guarantee of the project cost to the society 

Dear Client,

You can talk about your worries with the builder and the majority. They might be open to working with your preferences or providing a refund for any inconveniences the mixed-use development may have created. A bank guarantee is an assurance provided by the bank to the applicant to satisfy a third-party payment obligation. Put differently, the bank assumes the role of guarantor and bears accountability for the individual seeking the guarantee in the event that they are incapable of fulfilling their agreed-upon payment to a third party. Make sure you are aware of the legal ramifications and the rationale behind your selection if you insist on a bank guarantee. If the majority rulings do not suit you, think about establishing separate agreements with the constructor to protect your interests.

The society committee needs to obtain consent from at least 75% of the society members for the redevelopment project to proceed. This consent is crucial for initiating the redevelopment process. Once the consent is obtained, the dissatisfied members cannot raise objections. 

In redevelopment you will be entitled to your own rights in the apartment on the basis of the agreement 

A Redevelopment Agreement, as the name suggests, is an agreement for the restoration of an old building, between the residents and the Developer. But it's not as simple as it sounds; the Housing Society needs to exercise necessary caution to ensure that the residents' corporate interest is safeguarded

Clause 18(2) provides that the developer shall give 20%of the total cost of the redevelopment project as bank guarantee (BG) to the society. Your society should insist on getting a BG as mandated.

BG protects the society/members against any default made by the developer. The BG should clearly mention the terms with regard to amount, tenure, validity, renewal and more importantly how and when the BG can be invoked in the event of default by the Developer and the dispute resolution mechanism, etc.

You can insist the society to get the DA properly scrutinised by an experienced lawyer.

Please note the members should not vacate their premises unless the developer hands over valid BG in favour of the society, at least you gather support from other members for pushing through this requirement.

certain important clauses in the redevelopment project are 

The Developer should give Bank Guarantee of 20% price of Redevelopment Project.

The Developer should try to give alternate accommodation to the members in the same area till the Redevelopment Project is complete. Otherwise, he will pay monthly rent and Deposit (equivalent to the prevalent rate of rentals in the same vicinity including the yearly rent escalation) agreeable to members or make available Transit Camps.

In case this advance rental is dishonored, the society has the right to prevent the builder from either selling or allowing any new flat purchaser to occupy their respective flats.

The Agreement should be registered under Registration Act 1908.

All the new members shall be admitted in the society after completion of the Redevelopment Project and after approval of General Body Meeting of the society only.

If nobody is agreeing to your point to insist on bank guarantee, you may go to court with an injunction suit against this project for the reasons you rely upon

- As per law, a society has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, every resolution of a housing co-operative Society shall be passed at its general meeting by a majority of total members with right of/vote or two-thirds of members present and voting whichever is less.

- Further, as per rules of redevelopment of society ,the managing committee should convene a special meeting of the members to discuss the redevelopment project.

- Further, the bye-laws state that 75% of the total number of members should be in agreement with the redevelopment project before it can be officially undertaken.

- Hence, you can lodge a complaint before the management and if no positive response then approach the registrar.

Your demand will not be considered by the court as there is a majority 

However insisting for a bank guarantee is reasonable 

In case of a default, the BG can be invoked. In absence of BG the society will have to approach court for reliefs. But do keep in mind that there have been cases where even though there is a BG, the builder created hurdles in its encashment 

As regards the other procedures,  Plz precisely list out which other procedures are not adhered to