Deatched Garage Redevelopement
I stay in co-op hsg soc building in pune city which has 12 flats in a 3 storied building and 1 detached garage of 200 sq ft in its premises. All the 12 flat owners are members of society. Garage is owned by one of the flat owners. That flat owner is part of society as ‘flat owner’ and not part of society as 'garage owner'. Society does not spend on garage maintenance. The garage is kept locked and not used for parking / residential/ commercial purpose etc. The garage doesnt have separate light meter. There is temporary wiring from flat owner's meter to his garage. There may not be any property tax at corporation account for garage. Now we are thinking of redevelopment of society building. Selected developer has asked the flat owner cum garage owner to accept financial compensation in lieu garage. But that flat owner doesn't want financial compensation. The developer is ready to give him a complete 800 sq ft - 2 BHK flat in one of his other schemes outside pune city in lieu of garage if garage owner pays amount of 2 lakhs to developer and stamp duty + registration fees (almost 1.5 lakhs) . Garage owner is willing to accept the flat but says that developer should not demand any amount, stamp duty + registration fees should be paid by developer,since there is difference of market rates of both locations. Developer is not willing to accept his logic and says the flat price outside pune city already exceeds garage value. Actually both havent done any valuation of garage by approved valuer. garage owner is demanding additional area equivalent of garage area in his redeveloped flat, in addition to free area offered by developer to him as a flat owner. Otherwise he is demanding a separate unit in lieu of garage in redeveloped building apart from his redeveloped flat. He wants this unit of existing garage area + proportionate free area as per offer to flat owners. Developer is not ready for this. Developer cannot build new building keeping the garage ‘as is where is’. So even if all 12 members are ready for redevelopment , the agreement cannot be signed because of garage owner, a non member of society. Kindly advice what action should be taken by society.