Mumbai Housing Society Queries: 'Developer Cannot Make Last-Minute Changes In Redevelopment Bid,' Says Expert
· Free Press Journal
Can redevelopment bids be revised and how to do it? Is such a revision possible at the last-minute in the registrar's presence? Also, can the majority of members reject bids and seek fresh ones? Is fresh consent required if redevelopment shifts from standalone to cluster? Gitanjali Singh, Andheri
After the preliminary scrutiny of the proposals received from developers, the project management consultant has to prepare a comparative chart on the basis of merit, reputation, experience and competitive rates. A developer may revise his/her bid before the short-listing by the managing committee. The shortlisted proposals shall be circulated to the members. The general body is empowered to select the developer in the presence of the official from the registrar’s office, as per section 79A of the Maharashtra Co-operative Societies (MCS) Act.
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The general body has to select the developer considering the merit, financial and technical capabilities, and competitive rates. A developer cannot make lastminute changes in the bid in the presence of the representative from the registrar’s office. The general body has full right to accept or reject the proposals. A two-third of all members has to be present in the special general body meeting to select the developer. If the quorum is not established, the meeting shall be postponed for seven days. If the quorum is not established even in the subsequent meeting, it will be assumed that the members are not interested in the redevelopment.
Once the quorum is established, the members have to select the developer by voting in the presence of the authorised officer from the registrar’s office. At least 51% of the total members have to give a written consent for the developer's appointment. If the majority of members do not vote in favour of any shortlisted developer, the bids will be rejected. The developer has to fulfil the Development Control and Promotion Regulations (DCPR) for cluster redevelopment.
The society should be aware of the DCPR provisions under which the redevelopment would be taking place. If there is any change from standalone to cluster, the developer is required to present the revised proposal and obtain fresh consent of the members. The floor space index (FSI) available for cluster redevelopment will differ and hence the society should consider renegotiating the proposal and asking the developer to share the benefits of the additional FSI, if any. The revised proposal should be placed in the special general body meeting in accordance with the two-third quorum requirement. It is advisable to keep the district deputy registrar (DDR) informed of the development to avoid any future complications.
Can a flat be sold when the society is under the governance of the administrator appointed by the registrar’s office? How to obtain an NOC to sell a flat? Sunil Anand, Dadar
All powers to manage and administer the day-to-day functioning of the society are vested in the administrator or authorised officer appointed by the DDR. You are required to make a written application to the administrator or authorised officer, seeking an NOC or no dues certificate. The same will be issued after the verification of society records. Upon receipt of these documents, you may initiate the process to sell your flat subject to compliance with the MCS Act, rules framed thereunder and society bylaws. Until the elections are held and the new managing committee is elected, such an administrator or authorised officer will be the incharge of managing the day-to-day society affairs.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to [email protected]
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