Joint venture

Querist : Anonymous (Querist) 25 June 2019 This query is : Resolved
we are in a housing colony developed by Tn housing board and our Owners welfare association is registered under society's act.
We wanted to redevelop the property.. More than 80 % of the owners agreed for Redevelopment and passed a resolution in the GB. less than 20 % of the owners not showing interest and not giving the consent letters to the association.
Is there any way to bring them in to the JV agreement ? is it possible for us to continue with the majority ? Because of the few people entire development is stalled.
Please advice ..

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Dr J C Vashista (Expert) 26 June 2019
Owners Welfare Association has no powers to direct non-members or members not agreeing to the proposal for redevelopment.
Read terms of Memorandum of association and Articles of Association of the association, again.
It would be advisable to seek professional guidance of a local prudent lawyer with relevant records.

R.K Nanda (Expert) 26 June 2019
take help of local lawyer.

kavksatyanarayana (Expert) 26 June 2019
Dear querist, for redevelopment extra charges will be incurred and hence the owners may not agree. It is a welfare association and generally the redevelopment clause will not be mentioned in the bylaws. It is a decision of the owner whether his flat requires redevelopment and at the same time he/she has to invest for the same. so amicably convince them.

krishna mohan (Expert) 27 June 2019
Association bye laws can not over ride the right of owners. Better take them along with consent to avoid any legal battle. May be your terms not attractive to them.

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