With aging buildings and the growing need for modern infrastructure, redevelopment has become a pressing issue for many cooperative housing societies in Maharashtra. The state government has laid out a quorum rules to ensure transparency and member participation in the redevelopment of society buildings.
One of the most crucial steps in this process is the appointment of a developer, which requires not just majority consent, but also strict adherence to quorum and procedural rules.
Understanding the Quorum for Developer Appointment
If your housing society, for instance, has 60 members and is planning a redevelopment project, the quorum requirement for the special general body meeting (SGM) convened to appoint the developer is two-thirds of the total number of members. This means at least 40 members must be physically present at the meeting for it to be valid.
Key Procedural Steps for Developer Appointment
Calling a Special General Body Meeting (SGM)
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- The secretary must call the SGM within one month after obtaining prior permission from the authorised officer (usually the Deputy Registrar or competent authority).
- The notice and agenda of the meeting must be sent to all members at least 14 days in advance.
- Details of date, time, and venue of the meeting must be clearly specified.
Presence of Authorised Officer
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- The meeting can only proceed if the authorised officer is present and the required two-thirds quorum is fulfilled.
Consent for Appointment of Developer
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- Written consent from at least 51% of the total members (not just those present) is necessary for the final appointment of the developer.
- However, during the meeting itself, consent must be taken in writing from the two-thirds members present.
- No written or oral consent from absent members will be accepted or considered valid.
Mandatory Video Recording
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- The entire proceedings must be video recorded to ensure transparency and to serve as evidence of due process.
What Happens If Quorum Is Not Met?
If less than two-thirds of the total members are present:
- The meeting is postponed by 7 days.
- If at the rescheduled meeting, quorum is still not met, the subject is considered abandoned.
- It cannot be brought up again for the next 3 months.
This rule discourages societies from pushing through redevelopment without adequate member participation and protects the rights of dissenting or unaware members.
These rules stem from the Government Resolution (GR) dated July 4, 2019, which provides a detailed procedure for housing society redevelopment, ensuring fairness and member involvement.
Conclusion
Redevelopment is a vital decision affecting the lives and investments of all members. It is essential for housing societies to strictly follow the rules for quorum, notice, permissions, and consents as per the government guidelines. Ignoring these steps can lead to disputes, legal challenges, and delays in redevelopment.
