Co-op housing society ltd laws of reconstruction in pune maharashtra
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
Dear Sirs/Madam
I am a member of a co-op housing society in Pune-Maharashtra and would seek guidance regarding the prevailing rules for the reconstruction of our co-op housing society having 40 members.
My present status :
I have submitted my consent letter to the society to carry out the proceedings for the reconstruction of the society alongwith all 40 members.
During the proceedings I have noticed that the selection procedure of the developers was not taken into account appropriately. Now a particular developer has been zeroed down and is now invited for submitting plans etc.
Can you guide me with the next procedures and whether as a single member I can stand against this selection and how ?
With Best Regards
Kisshor Rajgurru m: 9426015200 e: crushaal@crushaal.com
ajay sethi
(Expert) 28 September 2011
all 40 members have agreed for reconstruction and redevlopment of building . whether tenders were invited from reputed developers?
whether any public notice was issued in newspapers?
the Government has issued a notification u/s 79A of the Maharashtra Co-operative Societies Act, 1960 laying down the procedure to carryout the redevelopment of the society. This circular is mandatory in nature All the housing societies have to follow the same, otherwise, the committee members will be personally held responsible for any loss that incurs to the society for not following the procedures.
ajay sethi
(Expert) 28 September 2011
as per said circular
1) there has to be special general body meeting called by the society on receiving requsition signed by 25%of members to conisder redevlopment
2)after issue of 14 days SGM is called and expert architect /project management consultants are appointed for redevlopment of building
3)members can submit recommendations 8 days before meeting for redevlopment of building , appointment of architects etc
4) 3/4th of members have to give consent for redevlopment
5) minutes have to be forwarded to all members
6)appoitnment is made of architect , project mgt consultnats
7) report is submitted by the architect / project consultants within 2 months
8)project report is approved by memebrs
9)There will be a detailed discussion in the Joint meeting on the suggestions /
recommendations from members and opinion thereon of the Architect / Project
Management Consultant and project report will be approved with necessary
changes. Thereafter draft of tender from will be prepared and date of next joint
meeting will be fixed for discussion on draft tender form and finalising the same.
While preparing draft tender form, in order to get competitive quotations from
renowned experts and experienced developers, either carpet area or corpus
fund fixed (not to be changed) and by finalising other technical matters, the
Architect / Project Management Consultant will invite tenders. Society’s
members will be entitled to furnish information about it to the reputed and
experienced developers known to them.
10)On the Last day for receiving quotations, Secretary of the Society will prepare a
list of offers received and display the same on the notice board of the society.
b) After 15 days of the last day for receiving quotations, Secretary of the society
will convene special meeting of Managing Committee of the society. Athorised
representatives of bidders and members of the society desirous of remaining
present can remain present for the meeting as observers. Tenders so received
will be opened in the presence of all and the Architect / Project management
consultant will scrutinize all tenders and prepare a comparative chart and after
checking merit, reputation, experience and comparative rate etc. and select
minimum 5 bids and if the bids received are less than 5, all the bids for puttingup before Special General Meeting and concerned bidders will be informed
about it immediately.
Querist :
Anonymous
(Querist) 29 September 2011
Dear Mr Ajay Sethi/Mr Raj Kumar Makkad
Appreciated your prompt reply and request you to guide me further regarding following points.
1]No Public Notice was issued in any newspaper regarding the redevelopement of our co-op housing society. Can this be legally accepted and allowed. Can it not be challenged and how ?
2] Out of the 9/10 offers received from different developers only 3 were selected in the Special General Body Meeting instead of instead of 5 bids as suggested by you. Can this be legally accepted and allowed. Can it not be challenged and how ?
3] Out of the 3 selected it was later on found by visiting their individual constructed sites that the one who was placed on top of the list was a fraud. As he took our committee members to site visits for approval which did not belong to him or constructed by him. Can this be legally accepted and allowed. Can it not be challenged and how ?
4] The entire selection procedure adopted by our committee members seems to be incorrect
and was giving more stress on the extra square feet area alloted and cash compensation in cash to each member. The crediblity of the developer was not taken into account while selecting only 3 out out of the 10 offers received.
5] Our society is equipped with 36 nos flats having area of A square feet and 4 nos flats are havig area 1.4 times A area i.e 1.4A. Now the 4 nos flat owners are demanding the increase in extra square feet area to be alloted to them as 1.4X as against and extra X square feet area being alloted to the 36 members. They want the increase in area to be alloted to them in the same proportiion.Can this be legally accepted and allowed. Can it not be challenged and how ?
6] It was in my 2 letters submitted to the society that I had asked for certain points for consideration and that if the same are not considered then I would be forced to take back my consent letter for the redevelopement of the society. The same are attached herewith for your reference. Please guide me.
Sincerely Yours.
Kisshor Rajgurru
