Today’s blog is related to Redevelopment going on in cities like Pune, Mumbai, Thane on a large scale. In redevelopment societies or apartments some members are against Redevelopment and so society or apartment association can’t do redevelopment of their old building. Members living in 40-50 year old building faces many problems e.g. no lift facility in many places, Terrace on the top floor has started leaking water in the houses of the members, flats on the ground floor are beautiful but have been scratched by rats and mouses. In most cases the plaster of the building is gone and in all cases, it is mandatory for the society to redevelop the old building but many times
It has been observed that some members are against such redevelopment, how can we stop such obstructing members or is there any legal remedy against it? Yes, there are legal remedy. First society has to conduct Special General Body meeting and if 51 percent of the members attending General Body Meeting passed the resolution for redevelopment then society can go for redevelopment of building. The government has made a clear provision in the byelaws that the redevelopment of such society building cannot be stopped by other members who have voted against the resolution if 51% are voted in favor of redevelopment but still some members take a stubborn stand with the intention of causing trouble and oppose the redevelopment resolution passed by 51 percent members and sometimes even in court. There is a decision of the Bombay High Court regarding this as follows – In the case of Chirag Infrastructure Private Limited vs. Jwala Co-operative Housing Society Mumbai, the Bombay High Court has clearly stated that if 51% of the members in the general body meeting of the society have passed a resolution for the development of the building, the members objecting to the process of such re-development cannot create any kind of hindrance. Many times, the question arises as to whether this judgment is applicable to apartment associations.
Apartment association is also a legal body which works for the betterment of the building and it also has bylaws, if the Board of Managers of the apartment association calls a proper general body meeting and if 51% of the apartment holders pass the V Development resolution, then it also has this My personal opinion is that the judgment will apply
