Mumbai Housing Society Polls: ‘Weigh pros and cons if builder reviews redevelopment proposal’ says expert | File image (representative image)
Q. Our society recently finalized a developer to renovate our independent building. The proposal was approved by the general body, but the developer later expressed his intention to engage in cluster development. Our board has sent us a consent form to be submitted within a week, accepting the new proposal. How does it affect our benefits? Gitesh Shah, Parel A.
The General Body is the final authority to approve any proposal. Since the developer makes changes to the approved proposal, it is necessary that all changes must be submitted to the general body. The board is obliged to convene an extraordinary meeting of the institution, where the revised terms and conditions will be discussed again. The committee should inform the members about the possible advantages and disadvantages when they are applied according to the revised conditions.
The signature of the members on the consent form without holding a general meeting is not enough. When a developer opts for a cluster development, he gets certain advantages in terms of floor area index. You can ask the developer to share additional benefits with members. Also note that there are several challenges to developing a cluster, including legal and regulatory hurdles, as the developer has to deal with various stakeholders, which may include tenants, owners, and government agencies, and is likely to delay the project. In addition, the tenants, owners and association members who come to the cluster are part of your redeveloped society.
People from different economic and social backgrounds may have problems communicating. Therefore, you should ask the developer to provide information about the buildings or areas that make up the cluster. Check if slums are also included. Once you have everything in writing, you should ask your project management consultant to explain the pros and cons before making a final decision.
Q. What happens if the extraordinary general meeting called to decide on the renovation does not have a quorum? Ishaan Pathare, Dadar A.
Two-thirds of all members must be present for a quorum at an extraordinary general meeting to decide whether members are willing to proceed with the renovation. If the requirement is not met, the meeting is postponed by seven days and if even then there is no quorum, the meeting is called because the members are not interested in renewal. In this case, the association cannot take the reorganization case for consideration by an additional institution for three months.
Q. If the original member dies, can the associate member remain in place and attend meetings until the apartment is transferred to the nominee? Prashant Singh, Chembur A.
Cooperative membership is a joint term with a person’s housing cooperative membership. Accordingly, associate membership ceases upon the death of the original member. The person cannot participate in meetings or vote. A person cannot continue any kind of membership after the death of the original member. A candidate nominated by a member has the right to join as a temporary member until the shares, rights, title and ownership of the apartment are transferred to the name of a legally entitled person by presenting an inheritance certificate, testamentary document or family arrangement. Thus, there is no question of the associate member remaining in place until the apartment is transferred to the name of the candidate or the final heir. (See § 154B – 4,10-14 of the Cooperatives Act)
For more exclusive and affordable real estate deals in Mumbai and surrounding areas visit https://budgetproperties.in/
Questions will be answered by Sharmila Ranade, legal expert associated with Mumbai Grahak Panchayat. In short, questions can be sent to [email protected]