Members’ Right in Redevelopment Scheme
By Legal Bureau
In any Redevelopment project of Co-op. Hsg. Society buildings, the role of Member of the Society is extremely important in his/her individual and collective capacity. Besides his/her individual rights as Member in the Society, the active participation of each of the individual member is very much essential to make Redevelopment scheme successful in all respects and for this achievement every member has to contribute, sacrifice and bear hardship to some extent.
In the interest and benefit of every member who is either involved or going to be involved in the Redevelopment schemes, following are some of the tips and suggestions in respect to their participation, duties, responsibilities and liabilities thereof :-
Duties & Obligations of Member in Redevelopment scheme :-
In Redevelopment schemes each of the Members has to discharge certain duties and obligations in the following matters as detailed below :-
1) State Government Enactment :- Every member should go through the entire text of the enactment of State Government in connection with Redevelopment of Society buildings wherein role of every agency connected thereto is specified which will give fair idea of their duties, responsibilities and liabilities. Full text of this enactment is already incorporated in Chapter No. 11 of this book in the public interest.
2) Appointment of Developer :- Every member should ensure that the Managing Committee and Office Bearers of the Society has strictly followed the procedures as laid down in the aforesaid enactment in respect to appointment of Architect, Developer, Project Consultant & other professionals including their scope of work, responsibilities and liabilities thereof.
3) Development Agreement :- Every member should carefully read the contents of the draft redevelopment agreement to be executed between the Society and the Developer specifically the terms and condition according to which the scheme is prepared, before the execution of final document. He / She should ask for certain explanation and or information on the points which needs further clarity, from the Developer and or from the component agencies through the Society Management.
4) Approvals & Clearances :- Every member should ensure that the Developer has obtained required approvals, clearances and permissions from Municipal Corporation and or from concerned planning Authorities in respect to proposed redevelopment scheme and attested copies of these documents are kept by the Managing Committee in Society’s permanent Records for inspection of members.
5) Payments of Taxes and Charges :- It is obligatory for every member that he/she should pay up-to-date Property Taxes, Water & Electrical Charges, Maintenance etc. in respect to their existing premises, till the redevelopment scheme is actually commenced. It should be ensured that necessary Clause is incorporated in the Redevelopment agreement to fix up the liability as to who will pay aforesaid payments during the course of construction till the completion of the scheme.
6) Shifting to Transit Accommodation :- Once all the terms and conditions of Redevelopment scheme are approved by the General Body of the Society as regards Transit Accommodation, Additional area if any, Corpus Fund, Special Incentive Benefits offered to the members, and requisite clearances and permissions for the redevelopment are obtained by the Developer, and provision of Transit accommodation are made, the Member has to vacate their premises and handover its vacant and peaceful possession to the Developer, and to shift to the transit accommodation provided on agreed terms and conditions strictly within the time limit decided thereof.
7) Taking over possession of new Premises :- As soon as the work of building is completed in all respects and Occupancy permission is granted by the Corporation, every Member should inspect the new premises thoroughly and ensure that all the amenities, facilities, additional area and Corpus Fund offered is provided by the Developer and the same is in conformity with provisions of Redevelopment agreement. It is obligatory for the Member that after verification of the aforesaid facts he/she should shift back and take the vacant possession of the new premises within time limit agreed to avoid inconvenience to other members and simultaneously he/she should have to handover vacant and peaceful possession of Transit accommodation back to the Developer.