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Batavia Legal advises co-operative housing societies, their managing committees and developers on redevelopment of society buildings in Mumbai and Thane, from the first general body meeting to handover of the new flats.
In Maharashtra, redevelopment of a co-operative housing society follows the directions issued by the State Government under Section 79A of the Maharashtra Co-operative Societies Act, 1960. They set out how the society calls the special general body meeting, appoints a project management consultant, invites tenders and selects a developer, and how members' consent is recorded.
Most disputes in redevelopment start with a document that did not cover a point clearly: the carpet area offered, the rent or transit arrangement, the corpus, the timeline, or what happens if the project stalls. Careful drafting at the start is the cheapest protection a society has.
A permanent alternate accommodation agreement is the agreement between the developer and an individual member. It records the new flat the member will receive, its carpet area, the rent or transit accommodation during construction, and other benefits. Each member signs one, usually after the development agreement is executed.
The Section 79A directions provide for the society to appoint professionals to protect its interests. An advocate who acts for the society, and not for the developer, reviews the documents from the members' side.
General information only. It is not legal advice for your situation.
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