Majority needed

Querist : Anonymous (Querist) 16 September 2024 This query is : Resolved
Dear Sirs/Madams,
Our society in Mumbai with 56 members has in principle agreed to go in for the redevelopment of our buildings, which are now over 35 years old and barring one member, we have positive written consent from all members.
We are confused about the required quorum at the SGM for kick-starting the process, also for appointing the PMC and Developer as we move forward. There are many figures floating around in various forums eg.51%,75%, two-thirds, three-fifths etc. Need to understand from you, what exactly is the legally acceptable number at each stage.
Eagerly await your response.

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Quick Summary

This discussion addresses the required majority for society redevelopment in Mumbai. While 51% consent is mentioned for certain building types under the Maharashtra Apartment Ownership Act, general rules for housing societies often require a two-thirds majority for the redevelopment process itself. Furthermore, a Special General Meeting (SGM) to initiate redevelopment typically needs a quorum of three-quarters of the total members, with a primary resolution passed by a similar majority of those present.

T. Kalaiselvan, Advocate (Expert) 16 September 2024
The process of society redevelopment involves obtaining consent from a minimum percentage of society members, appointing a developer, preparing a redevelopment agreement, obtaining approvals, demolishing existing structures, and constructing new ones, followed by the handover of redeveloped units to society members
The Maharashtra Apartment Ownership Act (MAOA) requires 51% consent for redevelopment of certain buildings, including old residential buildings, cessed buildings, slum rehabilitation authority buildings, and small buildings with fewer than 11 flat owners
Some general rules for redevelopment of housing societies include
A minimum of two-thirds of society members must consent to the redevelopment process.
A special general meeting (SGM) is called to consider the redevelopment, and a quorum of 3/4th of the total number of members is required
A primary resolution is passed by a majority of 3/4th of the members present at the meeting.

kavksatyanarayana (Expert) 16 September 2024
Yes. Well, it was analysed by the expert Sri Kalaiselvan sir.

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