Self redevelopment
10 months ago
Can a society in Mumbai island city go in for self redevelopment if 100% of society members are willing but 4 out of 8 tenets are not willing to give consent for redevelopment. If yes what is the procedure to deal with the tenants who are not willing?
A.Dear Client,
Only resident apartment owners can be eligible for membership in the registered Society which is governed by its Byelaws and regulations. In the query, the word tenants is being applied who are not willing to the redevelopment of Housing Complex. The tenants are not treated as Owners of the apartment/flat, so they are out of the ambit of governing Byelaws of the Society. So, notice is required to be issued asking the consent of the member Owner of the apartment who let out their apartments on rent. In case the said member-owners of the rented apartment show their unwillingness for redevelopment which is resolved to protect the common interest of the residents on a majority vote of member-owners of the residential complex in a duly convened Meeting, then as per the provisions of Byelaws, steps/action may be against the errant member-owners of the said apartments who shows their unwillingness in the matter failing which matter may be placed before the Registering Authority of the Society for a resolution in the matter.
Only resident apartment owners can be eligible for membership in the registered Society which is governed by its Byelaws and regulations. In the query, the word tenants is being applied who are not willing to the redevelopment of Housing Complex. The tenants are not treated as Owners of the apartment/flat, so they are out of the ambit of governing Byelaws of the Society. So, notice is required to be issued asking the consent of the member Owner of the apartment who let out their apartments on rent. In case the said member-owners of the rented apartment show their unwillingness for redevelopment which is resolved to protect the common interest of the residents on a majority vote of member-owners of the residential complex in a duly convened Meeting, then as per the provisions of Byelaws, steps/action may be against the errant member-owners of the said apartments who shows their unwillingness in the matter failing which matter may be placed before the Registering Authority of the Society for a resolution in the matter.
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A.Dear client,
In a recently, the Bombay High court in a judgement ruled that tenants cannot dictate the terms of redevelopment. Therefore you can issue the tenants legal notices informing them of your going ahead with this plan anyway. Ideally, the help of a legal professional is valuable while drafting such legal notices as well
In a recently, the Bombay High court in a judgement ruled that tenants cannot dictate the terms of redevelopment. Therefore you can issue the tenants legal notices informing them of your going ahead with this plan anyway. Ideally, the help of a legal professional is valuable while drafting such legal notices as well
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