Dilip Shah
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There are many covenants and indemnity bonds the developer has to agree to, with the members in order to have a smooth redevelopment process. The following are some of them :
ARE GOVT. GUIDELINES REALLY PERSUASIVE AND CONVINCING?
With a view to ensure transparency in Societies seeking to undertake redevelopment projects, the Government of Maharashtra had issued a Circular bearing No. CHS 2007/CR554/14-C, Co-operation, Marketing and Textiles Department Date: 3rd January 2009 this contains a Directive under Section 79 (A) of Maharashtra Co-operative Societies Act 1960 for all the Co-operative Housing Societies in the State of Maharashtra regarding the Redevelopment of Buildings of Co-operative Housing Societies. These guidelines are applicable wherever the buildings of Co-operative Housing Societies in the State of Maharashtra are being redeveloped on a large scale.Read More »
HOUSING SOCIETY MATTERS – 16.01.2013 – Volume I – Issue No.VIII Dt.16.01.2013
Contents :
Click Here to read Housing Society Information 16.01.13
Courtesy : Hema Vinod Sampat
ALLOTMENT OF FLATS IN REDEVELOPED BUILDING – by CA PRAKASH VALECHA. M 9821045102
The allotment of Flats is a tricky issue. On the face of it appears a small issue but here many disputes and problems arise. Old Buildings that need to be demolished in redevelopment were constructed sometimes 30 years ago and having FSI of 1.
There are narrow passages with 4 to 6 flats at times on the same floor. As the newly constructed building uses TDR and hence the FSI is 2 and now from 6th January add Fungible FSI of 35 % on the Total Plot area we have total FSI of 2.70. Therefore now the new Building is designed taller and having a sophisticated design which is relevant today. At times there are two storey parking floors.
Many members staying on lower floor want a upper floor while some members are old and do not wish to stay at higher floors as they fear that in case of lift problem or in the eventuality of a light cut they don’t want a particular floor. Some are having a Road facing flat but don’t want the same as it creates noise while some members want a road facing flat. Some Flats are in front side while others art back side. In the new building they wish the same status.
The problem arises is that new building has limited choice which all the old building members want. Therefore for a Fair process of allotment we need to have a policy that is fair and equitable.
Any action is malafide and void ab- initio, if it’s prejudicial, carried out with a narrow objective of favouring a select few while ignoring the majority. Therefore it is essential that certain guidelines and policy decisions are followed that are fair just and equitable..
The Government Guidelines dated 3rd January 2009 throw light on the way to move forward on the allotment of Flats. In point 11 of the guidelines it is stated as follows:
Flats in the redeveloped building should as far as possible be allotted as per present conditions floor-wise and if it becomes necessary to allot flats by drawing lots, on
completion of construction, Developer should make arrangement drawing lots, and at that time flats should be allotted in the presence of Registrar’s representative and this process be recorded by video shooting.
What is suggested in simple terms is:
1. Allot Flats as per present conditions floor-wise.
2. IF that is not possible allot flats by drawing lots.
3. It is the Developers responsibility to make the arrangements.
4. All the interested Members must be present when the Draw of Lots is conducted
5. Registrars representative to be present.
6. Process,be recorded by video shooting
Based on this guideline the Managing Committee and the Builder should follow the above Process as sincerely and diligently so as to make a Fair and just allocation of the New Flats.
Courtesy : MSWA’s Housing Societies Review 16 November 2012
An increase in Floor Space Index (FSI) and the ratio of permissible built up are to plot area and the ever increasing property prices are making developers approach residents asking for permission to demolish their old structure and put up a new building with more apartments for a big house and more money
There are some facts you definitely need to check before you put your society for Redevelopment with a developer
Documents Required by the society :
– Conveyance deed
– Society Registration Certificate
– General Body Resolution to go for redevelopment
– List of member with their respective carpet areas
– C.T.S. plan & property card for the plot.
– D.P. remarks, If the property is under TPS scheme then T.P. remarks
– Copy of municipal approval plans
Click Here for more Redevelopment Rules, Redevelopment Steps, Procedures & Guidelines
Maharashtra Regional & Town Planning Act, 1966.
Sanction to modification to the Development Control Regulation for Greater Mumbai 1991 Under Section 37(lAA)(C) of the said Act.
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The Government of Maharashtra is now coming up with a new master plan for revamp of old, dilapidated cessed buildings in the Housing Societies in the Island City. The State Government will form a cluster of such buildings and prepare the master plan. Though the directives issued by the Government for redevelopment of buildings in Housing Societies are in place (“Directives”), there have been complications and controversies and consequently, the Government is preparing a master plan to be followed by the Developers. As the master plan is yet to come in force, its success is yet to be tested. The process of redevelopment is to begin only once the existing members of the Society resolve in favour of the redevelopment of the housing society.
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