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HARSH SHARMA (SERVICE)     21 November 2011

Violations by mangaging committee for society redevelopment

Ours is a society in Mumbai which is going for redevelopment. total No. of members in society = 250.
We have reached to a stage where the Managing committee has recently made the draft development agreement.
Will be highly obliged if my following doubts are answered :
1) The managing committee is refusing to give copies of the draft development agreement, tender bid of developer and they say that members can sit in the society office and read the agreement and make suggestions. - Is such a stance by society office bearers legally valid ? they however say that when the final development agreement is made, copies of the same will be given to all members.
2) while the developer has agreed to give us more than the minimum area as mentioned in the tender, his corpus is less than half of what was asked in the tender by the society. can members ask for more corpus fund after reaching this stage ?
3) Can the managing committee sign the development agreement without getting it approved in the general body meeting, since the govt. guidelines donot say anything about this ?
4) Can I as an individual member decline to sign the individual agreement if i find the terms not adequate even after the society has signed the development agreement with the developer ?
5) What steps or precaution can or should i take to ensure transparency in the process and to ensure that my interests are not compromised ?

thanks
 



Learning

 1 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     24 November 2011

 

Dear Harsh

Following r the answer of ur query

1. It is very Imp for Managing Comittee office (MC) to Distribute copies of tender bid, Draft Development Agreement (DA) and other document in order to maintain transparency. Although there is no legal provision for the same.

2.If the developers tender is not matching the tender requirement then question for same is needed to be asked to MC members write a letter to MC in this regard so as to keep record for the same. And yes members can ask for more corpus not exceeding the amt stated in tender notice

3.The DA needs approval of Majority of members ie 75% members on the basis of this a resolution is passed which has legal importance For the process of redevelopment govt guidelines are enshrined in SEC79A of Maharastra Co-op Soc Act do refer that

4. Yes an individual member can refrain from signing the individual agreement there is citation for the same in Harini chs case but it is also imp that u have declined ur vote or voted against the developer

5.Sec 79A will help the guidelines given into if followed will ensure transparency 

Regards 

Abhijeet


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