Redevelopment of society building

Querist : Anonymous (Querist) 19 May 2024 This query is : Resolved

We have more than 80% written concent duly signed by the society members for redevelopment. As few members are working abroad or out of the state their physical presence in the SGM is not possible. Therefore 75% attendence in the SGM is not possible. Is it mandatory that they must be present in the SGM? Can we place their written concent in the SGM and add them in the majority in their absence and proceed with SGM? Is the decision taken by the members present in the SGM in this regard will be valid and treated as legal in the court of law? Our building is 35 years old and lot of leakages both externally and internally. Structural Audit Report is awaited.

PLEASE GUIDE.

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kavksatyanarayana (Expert) 19 May 2024
In the AGM/SGM the majority of the members present shall be approved, so their presence or consent is unnecessary. However, verify the terms/rules of the bylaws of your society.

T. Kalaiselvan, Advocate (Expert) 19 May 2024
As per the new rules of redevelopment of society the managing committee should convene a special meeting of the members to discuss the redevelopment project. The bye-laws state that 75% of the total number of members should be in agreement with the redevelopment project before it can be officially undertaken.
In a further major relief for redevelopment of small buildings having fewer than 11 flat owners, now the requirement of consent of 51% would be enough instead of earlier of 70%. Most of the private smaller buildings registered under the Maharashtra Apartment Ownership Act (MAOA) shall now stand to benefit.

P. Venu

(Expert) 21 May 2024
You can explore the possibility of conducting the SGM through virtual or hybrid mode.

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