Ask MC the procedure adopted for allotment of flats in redevelopment
it should be fair and transparent
3) issue legal notice to developer and society to disclose procedure adopted for allotment of flats on redevelopment
Housing Society of 2 wings 24 members undergoing redevelopment process. DA with developer not yet signed. Managing Committee and Developer seem to have acted in collusion to pre-determine flat allotment. No agreed due process has been followed in SGM to that effect, members wanting more space over and above as promised in redevelopment being favored. How does the flat allotment process generally work or is it completely arbitrary and controlled by the developer. As an affected member what remedies do I have to ensure transparency and full disclosure by the managing committee and the developer in this matter. How can I protect my interests without impeding the redevelopment process which I'm in favor of. Thanks
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Ask MC the procedure adopted for allotment of flats in redevelopment
it should be fair and transparent
3) issue legal notice to developer and society to disclose procedure adopted for allotment of flats on redevelopment
Dear Client,
The flat allotment process in a redevelopment project should ideally follow a transparent and fair procedure outlined in the redevelopment agreement between the housing society and the developer for that you can obtain a copy of the proposed redevelopment agreement between the housing society and the developer. Carefully review the sections related to flat allotment, including any criteria or procedures outlined for allotment. Request the managing committee to provide detailed information about the flat allotment process, including the criteria used for allotment and any decisions made in collaboration with the developer. Insist on transparency and full disclosure of relevant documents and information. If you believe that the managing committee has acted improperly or in collusion with the developer, considers raising a formal complaint with the appropriate authorities, such as the Registrar of Cooperative Societies or any relevant regulatory body.
You are required to sign the development agreement with the builder and all the other members also are required to sign the DA.
As per the new rules for society redevelopment, at least 70% of the society members should give their consent for the redevelopment to take place.
This consent is crucial for initiating the redevelopment process.
In a landmark order, the Bombay High Court ruled that non-consenting members who are in a minority cannot stop redevelopment and are bound by the agreement executed between society and developer.
hence you may gather like minded people to challenge the same in majority in order to make changes in the DA as per your suggestions in common
Have the IOD and plans come?
The allotment of new flats happen only after the approved plans have come
The allotment generally happens by a draw of lots
Since you say that the DA with the developer is not yet signed, I think your apprehension is premature
First the DA will be signed and registered
Thereafter the builder will submit building plans for sanction of BMC
Once the plans are passed and the society knows how many floors and new flats are to come in the new building , only thereafter allotment of new flats is done by lottery process
Thereafter PAAA is registered with each member in which the details of his allotted new flat will be mentioned
And then the members have to vacate to their old flats and shift to transit premises provided by builder or accept rent in lieu of the same from the builder
IOD and Plans have not yet come. MC has been convincing members to pass resolution to authorize them to sign the DA with developer. Initial draft plan with flat allocation already marked on them have been shared with each member for their respective floors only. Developer and MC have refused to share blue prints of the full plan and have been insisting that the shared draft is already BMC approved, without any supporting documentary evidence. Developer on the pretext of selling additional area over and above of increased FSI to interested members, has been denying me the opportunity to address the allocation as the new plan significantly changes my flats location. Developer and MC are also refusing to share the exact algorithm used to allocate the flats to me. While its fully understandable that new structure will change - its the coercion by the MC and developer that is in fully play that is isolating my position and argument.
Not able to understand what's your grievance
If some members have opted for extra area against consideration over and above their free entitlement area then it's but obvious that the developer in order to provide the additional area will have to make changes in the plans in the process of which the rehab flats location would change
So your grievance of what I understand will NOT stand the scrutiny of the court
It's not your case that you are being given lesser carpet area than your actual entitlement
So please tread with caution
Court in such cases imposes exemplary costs as such objections stall the redevelopment to the prejudice of other members
Your grievance is not clear but is very vague
You have all the rights to know about the blue print and the likely flats to be allotted to the members.
If the builder and the MC are denying access to them then you can first issue a legal notice to the builder through a lawyer demanding the production of copies, failing which you have option to lodge a complaint with the RERA and also before the Deputy registrar against the MC apprehending collusion with the developer for a possible fraudulent act in this regard
You should join hands with other aggrieved members and issue legal notice to society / builder to furnish blue prints of the plans sanctioned by BMC
Dear Client,
You can send a formal demand letter to the Management Committee (MC) and the developer outlining your grievances, including the lack of transparency, refusal to provide blueprints, and coercion in the allocation process. Clearly state your demands for access to information, fair treatment, and a resolution to the issues at hand within a reasonable timeframe. If the MC and developer fail to address your concerns satisfactorily, you can consider filing a complaint with relevant regulatory authorities or consumer protection agencies. This could include complaints to local housing authorities, municipal authorities, or real estate regulatory bodies, depending on the jurisdiction where the property is located. If all other avenues fail to resolve the dispute, you may need to consider filing a case against the MC and developer. This could involve claims for breach of contract, breach of fiduciary duty (if applicable), fraud, or other legal aspect depending on the specific circumstances of your case with the help of your advocate. Urgent cases where immediate action is needed to prevent irreparable harm, you may seek injunctive relief from the court. This could involve requesting a court order requiring the MC and developer to cease certain actions (such as proceeding with the allocation process) until the underlying issues are resolved.