Redevelopment agreement
Nagesh R Bhakta
(Querist) 28 April 2012
This query is : Resolved
I am a part of 25 member co-operative housing society in Mumbai. We had given our consent for one of the developers based on his claim of being an associate company of one of the reputed builders of Mumbai. Almost a year later, a draft agreement was made, after which many members pointed out the anomalies. The managing Committee (M.C.) and an ad-hoc redevlopment committee (R.C.)assured that all issues will be addressed, however, to our horror, without addressing these issues, the M.C. and R.C. of our society registered a Development agreement without the mandatory approval of 25 members in a SGM. After this 9 members of our society investigated on the true credentials of this dubious developer, and found that since almost 9 months now, this developer is not an associate of the reputed builder. This was neither revealed by the M.C. and R.C.; nor by this dubious developer. We are 9 members who want this illegally signed agreement cancelled, what is the best possible way?
ajay sethi
(Expert) 28 April 2012
if Managing committee had signed development agreement without obtaining approval of majority of members you cna challenge the said agreeemnt .
how many members were present in the SGM ? how many voted in favour of the proposal?
if anyfraud has been done by developer the society can cancel the said agreement . but it woul depend upon facts of the case .
what action is proposed to be taken by the society when fraud was brought to the notice of embers . ?
make a requisiton and call for Special general meeting to cancel agreement with devloper
