Norms for consent of members:
If all 100 % members do not
give consent what is the other option to go ahead?
In case, they do not give the
consent, the managing committee, based on the decision of the majority of 75 %
members, should execute the development agreement and get the same registered.
Thereafter, the developer will obtain necessary permission to demolish and
construct the new building, which is known as IOD.
The only requirement is to
demolish the building all 100 % members have to vacate. At the time of
vacating, the members will be given the rent, part or full corpus and also get
the permanent alternative accommodation agreement registered in respect of the
new flat.
How to manager if all members do not vacate the premises?
In case, few members, who are
aggrieved, do not vacate the premises, the developer or the society can proceed
against such members in the appropriate court by initiating legal proceedings.
In the normal course, the court
passes an order in favour of the society and directs the aggrieved members to
handover the possession of the flat. This is because in a co-operative housing
society, the decision is taken on the basis of majority and few members cannot
stop the wish of majority members.
Can 25 % members block the process?
Once the decision is taken by
the majority after following the due process as stipulated in the government
order dated 3.1.2009, the minority members will not get a judgment to stall the
redevelopment of the society.
In fact, the court may appoint
a court receiver and hand over the possession of the flat of the dissenting
members to the society for redevelopment and the dispute may continue in the
court.
This will only delay the
process of redevelopment by six months but majority of the decisions have been
delivered in favour of the decisions taken by the society who have followed
proper procedure and transparency in the process of appointment of the
developers.
