Mou with developer

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
In the process of redevelopment , the selected developer has asked my CHS to get MoU signed with him.

I would prefer to directly go for development agreement as this would make the developer more responsible.However in case of MoU ,CHS members would be bound with the developer(upper hand).

I do not want to go for unnecessary paper work

Kindly Advise?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 21 December 2011
Who are you?
What is your capacity?
Are you a member of CHS?
All these need to be replied before giving the reply.

ajay sethi (Expert) 21 December 2011
it is what the members of your cooperative desire that will prevail . has your society invited tenders before selecting developer?

was the issue placed before AGM ? you must have appointed an consultant .architect before finalising developer .

development agreement if signed with approval of majority of all members would be advisable rather than a MOU

Querist : Anonymous (Querist) 21 December 2011
I am one of the member in the CHS.The developer wants MOU signed so that he can make plans and get them sanctions; which is not proper.

No members have signed MoU till date.
Only 20% members are willing to sign.

The issue is not placed before AGM.There was an informal meeting.
Tender process has been done, lawyer has been appointed but no architect has been appointed.

Devajyoti Barman (Expert) 21 December 2011
Then it is better to place the proposal in the AGM, get its approval and then the CHS represented by its Secretary should enter into such agreement.

Raj Kumar Makkad (Expert) 22 December 2011
If you have decided to sign MOU with the developer directly then where is scope for advice?

The meeting of society is required only if you have to follow their advice otherwise go ahead as though fit by you.

Devajyoti Barman (Expert) 22 December 2011
But the question is whether one member of CHS can enter into development agreement with a developer singly with respect to CHS property.

ajay sethi (Expert) 22 December 2011
an individual member has no power to sign MOU with Builder . only the society can do so that to after obtaining approval of members in sepecial general meeting called for said purpose .