Frequently Asked Redevelopment Questions (FAQ)
One stop solution for all redevelopment related requirement for societies
In case of apartment (registered under association of apartments) a written consent is required from each & every member. But in case of housing society a written consent from 51% members is required for redevelopment.
(As per govt. GR)
If all the members of the society do not give their consent for redevelopment, then permission for redevelopment will not be granted by the concerned authorities like the dy. Registrar of co-operative societies.
Consent obtained from the members is irrevocable and embossed with rs.100/- stamp. Hence, once consent is given by a member, it cannot be revoked. Only if a member has a strong reason to retract his consent, then he has to follow the legal procedure for proving his point of discontent for retracting his consent.
It depends on what proportion of minority is stalling the development and the reasons behind stalling the project. If the reasons for stalling the project are strong, then redevelopment cannot proceed unless the issues with them are settled.
No member of the society can hold the society to ransom on flimsy grounds. The society will have to initiate action against such members.
Then society can issue show cause notice to the members and take action even to the extent of expulsion from the society.
The general body has the powers to decide on this issue. Appointing a redevelopment committee is not mandatory but is highly recommended to ensure transparency in the dealings.
The general body has to decide on the powers to be allocated to the redevelopment committee. Generally the following powers are to be given to the redevelopment committee:
- to approve or reject the proposal placed before them by the managing committee of the society.
- To give suggestions, if any, regarding the proposal placed before them by the managing committee.
Generally the tenure of the redevelopment committee should be from the start of the project to the completion of the project to ensure the continuity of the control of the project.
The election rules are not binding on the redevelopment committee. They should be selected by the general body from amongst senior members of the society who are educated to read and understand the various documents and have active interest in redeveloping the society.
If the general body feels that a member of the redevelopment committee or the entire redevelopment committee acts to the detriment of the interests of the society and obstructs the working of the managing committee in carrying out redevelopment, then on the recommendation of the general body, the tenure of a member a redevelopment committee or the entire redevelopment committee can be terminated.
