mukesh (partner) 11 November 2023
my building is structurally strong but because some members on ground and first floor want to come on higher floors and other members in want of more car parkings want redevelopment of our building in spite of the fact that our monthly maintenance will go up fantastically high against what we are paying now. Also builders are giving only 20% extra space.Can i stop them for redevelopment if our majority is less than 51%
T. Kalaiselvan, Advocate (Advocate) 11 November 2023
Redevelopment has become quite a popular trend today as it is a win-win situation for both the builder as well as the society residents.
However, there are certain prerequisites that housing societies should consider to avoid later regrets.
Before a complex or building undergoes a redevelopment process, it should abide by specific criteria.
Firstly, the complex should be more than 25 years old. Any project that is less than 25 years does not qualify for redevelopment. Secondly, the builder in-charge should declare the structure as dilapidated.
Lastly, reconstruction requires the consensus of a minimum of 75 percent of the society's residents.
Who can call for Re-Development
The Managing Committee shall place before the General Body
the agenda item for taking policy decision relating to Re-development of building.
If the above are not complied with you can protest and initiate legal proceedings to stop the proceedings
Dr. J C Vashista (Advocate ) 12 November 2023
The decision of majority of the members shall prevail in a CHS, wherein you have to convince members to decline redevelopment, if you feel so strong.
You may also seek permanent and mandatory injunction from jurisdictional civil court through a local prudent lawyer .
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