Hi,
| My society is going for redevelopment. The management committee along with the PMC and the developer have prepared the development agreement. The clauses in the development agreement have been changed drastically from the tender document. One of the key provisions relating to future FSI have also been changed. As per the tender it was clearly mentioned, that any future additional FSI would totally belong to the society and the developer would have no rights to the same. However, in the development agreement this has been changed to "to be shared equally between the developer and the society" |
| I seek your guidance and opinion on the following: |
| 1. Can the terms and conditions of the development agreement be changed from those proposed in the tender document. Even after the developer has already been finalized. |
| 2. Can the society transfer the rights of future FSI to the developer on a 50-50 basis? |
| 3. I have given my discontent for the development agreement in writing. However, since I am in minority, the society is going ahead with the development agreement. I feel it is a loss both individually as well as to the society as a whole. Can I take legal recourse on the grounds of the above to oppose the development agreement which has been significantly modified. |
