Guidelines for redevelopment cooperative housing society

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Guidelines for redevelopment cooperative housing society

In situations where the property to be redeveloped belongs to the cooperative housing society, consent of the affected members is essential

 

Where the property to be redeveloped belongs to the cooperative housing society, additional steps are involved in obtaining the consent of the members whose interests are vitally affected.
It is the members who have to take decision about going through the redevelopment process and approve the scheme of redevelopment.
Since the actual execution of the main decision rests with the managing committee, redevelopment of housing societies is generally with acrimony and complaints of high-handedness and corruption against the managing committee. Such malpractices assumed high proportion and complaints started pouring in.
A committee comprising the Cooperative Commissioner and CIDCO chairman was formed to study a slew of complaints by members of housing societies undertaking redevelopment and suggest measures to ensure transparency in the process of redevelopment.
Based on the recommendations of the committee, the department of Cooperation, Marketing and Textile vide CHS 2007/ CR554/ 14-C dated January 2009 issued directives u/s 79(A) of the Maharashtra Cooperative Societies Act for redevelopment of buildings of the cooperative housing societies.
25% members of the society (e.g. if total members are 80 then 20 members) have to submit a requisition to the secretary of the society for convening a Special General Body Meeting of the society along with their scheme and suggestions for redevelopment.
Within 8 days of the receipt of requisition, the secretary has to convene a meeting of the managing committee to discuss matters of redevelopment. The members of the managing committee shall;
i) Select and contact at least 5 Architects/ project management consultants from the government panel for preparing project report for the work of redevelopment and thereafter
ii) Convene Special General Body Meeting to consider the requisition submitted by the members.
iii) The agenda for the SGM should be circulated to all members more than 14 days prior to the date fixed for SGM
The agenda of the Special General Body meeting must include the following points:
i) Preliminary decision for the redevelopment of the society’s building.
ii) Appointment of one project management consultant for the redevelopment of the society’s building – out of the names suggested by the committee.
On receipt of the notice for SGM the members can send their suggestions but those suggestions should reach the secretary at least 8 days prior to the date of SGM
Quorum for the SGM is 75% of the total members. (If total members are 80 then quorum is 60).
If there is required quorum the agenda will be discussed in detail and a resolution regarding redevelopment of the society building will be moved.
In case of lack of quorum the meeting is to be adjourned for eight days and if no quorum is reached in the adjourned meeting also, it is to be cancelled and it will be deemed that members are not interested.
If the resolution finds favours of 75% of the quorum (45 out of 60 present) then General Body will discuss in detail the relative suitability of suggested project consultants.
The SGM has to finalize the name of one out of the names of consultants suggested by the committee and finalize the items of work to be done by him and terms and conditions for the same.
Within 10 days of holding SGM the secretary has to prepare and circulate minutes of the Special General Body meeting to all the members. One copy of the minutes has to be placed on the notice board of the society and one copy to be forwarded to the concerned Registrar of the societies.
Within 15 days of holding SGM the secretary has to issue a letter of appointment to the PMC, whose name was approved during the Special General Body Meeting.

Work to be done by the PMC: –
(i) To survey the said plot and the existing building of the society.
(ii) To get the details of conveyance of the said plot in favour of the society.
(iii) To obtain information about available FSI and TDR and the balance development potential of the said plot in accordance with the DCR for the plot of the society’s existing building considering the current government policy and the applicable rules and regulations of the concerned authorities like Municipal Corporation of Greater Mumbai.
(iv) To prepare a workable/practical project report after considering suggestions, recommendations submitted by the members of the society and also taking into consideration area to be made available to the members for residence, commercial area, vacant area, space for garden, parking and building specifications.
(v) To submit within 2 months a project report for redevelopment to the managing committee of the society.
(vi)The project report submitted by PMC will be given to the members who are required to submit their recommendations and suggestions so as to reach the secretary at least eight days prior to the date of next SGM. The suggestions received from the members are then forwarded by the secretary to the PMC. These suggestions should be forwarded to the PMC seven days before the joint meeting to be called.