If majority of members agree then changes can be made
2) you are entitled to copy of sanctioned plans
3) complain to registrar against the society MC
Redevelopment - Compliance of Tender
Hi The managing committee of my society started the redevelopment process under 79A. All the members including myself are in favor to expedite the process. The developer is finalized and are we're now in the process of finalizing the Development Agreement. What is noticed now that most of the points in the Tender which were in favor of the society and safeguards the members are now being changed to the developers advantage and the Managing committee is refusing to take our comments and are accepting these points. Almost 70% of the points in the Tender are being changed to benefit the developer. The Managing committee had also informed us that the tentative plans of our new apartment, which floor we will get, amenities as per the Tender and parking plans would be a part of the DA, which they are now saying would be provided only after the DA is signed. Please let me know the following: 1. Are they allowed to change points in the DA which are not in compliance and contrary to the original Tender? 2. Can they force us to sign the Development Agreement without showing us the plans of our new apartment and other details? I don't want to de-rail the redevelopment nor want to be treated as a dissenting member - I want the Managing committee to follow the Tender points and not force me to sign the DA without knowing what I will get in the new building. What legal actions can I take to ensure that things are done correctly as promised by the managing committee and points that safeguarded the society and the members in the Tender are complied in the Development Agreement?
Asked 1 year ago in Property Law
Religion: Hindu
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6 Answers
1. The agreed terms and conditions in the DA cannot be unilaterally changed by the developer at his own whims, the management committee of the society should be very strict about it, if they do not take any action then as a member you can discuss with other members and take legal action against the society as well as the developer.
2. You can demand the copy of the plan before signing the agreement
3. You can make a complaint against the society with the registrar of cooperative societies listing out all the irregularities you observed and seek their intervention and remedy for this
1. No
2. No
Any points beyond the terms of tender should not be agreed if that is the view of the majority.
So if the members like you are majority then refuse to sign and write the MC to change the terms of the DA at once.
Else move to the Registrar of Society to remedial actions.
Dear Client,
With reference to the redevelopment process under Section 79A of the Maharashtra Cooperative Societies Act, it is crucial to highlight that the managing committee does not have the right to adjust the points in the Development Agreement (DA) that go against the tender provided by the society members. They also cannot make you sign the DA without offering some crucial information like the plans for your new apartment. In the approval process of the redevelopment, the specific rules are stated in the Government Resolution dated January 3, 2009, that require active involvement of members in the decision-making process. For the implementation of the tender points you can demand a Special General Meeting (SGM) to talk about the changes and share the concern with every member. If the committee has not stopped ignoring your contributions, it may be advisable that you sent a legal notice explaining your problems and demanding compliance with the initial provision of the tender offer. It is also advisable that you consult a lawyer who deals in cooperative housing societies matters and who can help you in the filing of a complaint with the Registrar of Cooperative Societies may be taken.
Hope this advice helps in solving your query.
1. As per law, 75% of the total number of members should be in agreement with the redevelopment project before it can be officially undertaken.
- You can lodge a complaint , if the change points are not in compliance to the original tender.
2. No, they cannot force you to sign without disclosing the true facts , and without giving you a copy of the plans.
- If they are not doing the work for the welfare of all the members , then you have right to raise issues after sending a legal notice.
1. Changes to the Development Agreement (DA)
The managing committee should not change the points in the DA that are contrary to the original Tender without the consent of the society members. The Tender is a binding document, and any significant changes should be approved by the general body of the society. The directives under Section 79A emphasize transparency and collective decision-making.
2. Signing the Development Agreement Without Detailed Plans
The managing committee cannot force you to sign the DA without providing the detailed plans of your new apartment, amenities, and parking. Transparency is crucial in the redevelopment process, and members have the right to know what they are agreeing to before signing any legal documents.
Legal Actions You Can Take
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Request a Special General Body Meeting (SGBM): You can request an SGBM to discuss the changes in the DA and ensure that all members are informed and can voice their concerns. This meeting can be called by a certain percentage of members as per your society’s bylaws.
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File a Complaint with the Registrar: If the managing committee is not adhering to the directives and is making changes that are not in the members’ best interests, you can file a complaint with the Registrar of Co-operative Societies. The Registrar has the authority to intervene and ensure compliance with the directives.
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Mediation: Sometimes, mediation can be a less confrontational way to resolve disputes. A mediator can help facilitate discussions between the managing committee and the members to reach a mutually agreeable solution.
