Building redevelopment process followed by society in mumbai
Ashok Pawar
(Querist) 08 April 2014
This query is : Resolved
Dear Sir.
I am from mumbai and our society is going for redevelopment with private builder. As this is something which needs to seriously study. I came across some document which society association has published on Internet.
I have some doubts in this process and if you can help me to understand to clarify the same it will be helpful. No doubt society committee has taken good step of redevelopment but required transparency is not there in entire process.
In first meeting only society has 3 quotation with them when they have to proposal of same.
In second meeting committee took rights of taking decision and signing document on behalf of all members.
In third meeting they appointed law adviser and PMC. In same meeting they hand over all offer letter to PMC and requested him to give report on same.
Within few days they declared the PMC reports are with them and declared the meetings with shortlisted builder*.
In fourth meeting builder discuss what he is offering and we demand what we need. But before checking builder projects committee has taken aawaji voting for selecting builder. I was shocked and surprise with this process.
Now the things which few members has found out during this process is the appointed law adviser is black listed from Mhada. The appointed PMC is already working on many projects of short listed developer.
Committee has given us Consent to sign and submit which is in name of developer,
My questions are:
1. How committee can guarantee members that Law Adviser and PMC will work in favour of members. When one is black listed and other is already working for him on many projects. Both knows in and out about Developer.
2. If committee has already passed the minute of taking authority to discuss and take all matters with all concerns in this process then why members has to sign consent which is in name of Developer. Down the line the developer will not entertain us on our any query or suggestion since legally we are not authorized as per Development Agreement.
3. Is the above described process is correct and we can still have scope to get it correct.
4. Is it correct to approach Developer before PMC prepare feasibility report?
5. Does it not mandatory to publish add in local news papers for redevelopment proposal?
6. Who has to answer members queries regarding all concerns in this process, is it PMC or Developer or Committee?
If you can guide me on my question then it will very helpful to have very good sleep and peace of mind.
ajay sethi
(Expert) 08 April 2014
before going in for redevelopment society must engage a local lawyer . there is no guarantee that they will work for benefit of society .
builder needs POA other wise every second day he would be in society to obtain signatures of committee members . hence generally POA is given to builder . MC is authorised by AGm to take decisions in order to expedite whole process but ultimately final authority is with members who have to sign development agreement with builder .
Devajyoti Barman
(Expert) 08 April 2014
Yes, POA is more convenient way to manage the affairs. it is better to take help local lawyer showing all the relevant papers.
