Mumbai Housing Society Queries: 'Weigh In Pros & Cons If Builder Revises Redevelopment Proposal,' Says Expert

Q. Our society recently finalised a developer for redevelopment of our standalone building. The proposal was approved by the general body, however, the developer later expressed the intent to undertake cluster development. Our managing committee has sent us a consent form to be submitted in a week, accepting the new proposal. How will it impact our interests? Gitesh Shah, Parel A.

A general body is the final authority to approve any proposal. As the developer is making changes in the approved proposal, it is necessary that any amendments need to be brought before the general body. The managing committee is required to call a special general body meeting in which the revised terms and conditions should be placed for reconsideration. The committee should inform the members the advantages and disadvantages, if any, in going ahead with the revised terms.

Taking signatures of the members on the consent form without holding the general body meeting will not be sufficient. When the developer chooses cluster development, there are certain benefits that he gets in terms of the floor space index. You may consider asking the developer to share the additional benefits with the members. Also, take note that the cluster development will have multiple challenges, including the legal and regulatory hurdles, as the developer will have to deal with different stakeholders, which could include the tenants, owners and government agencies, and likely delay the project. Further, the tenants, owners and members of societies, which will be included in the cluster, will be the part of your redeveloped society.

People coming from different financial and social strata may have issues connecting with each other. Hence, you should ask the developer to give the details about the buildings or areas which will form the cluster. Check whether any slums will be included too. After getting everything in writing, you should ask your project management consultant to explain the pros and cons before taking a final decision.

Q. What happens if the quorum is not achieved in the special general body meeting called to decide redevelopment? Ishaan Pathare, Dadar A.

Two-third of the total members are required to remain present to achieve quorum in a special general body meeting deciding whether members are willing to proceed with redevelopment. If the requirement isn't fulfilled, the meeting shall be postponed for seven days and if the quorum is not achieved even then, the meeting will be called off considering the members are not interested in redevelopment. In such a case, the society cannot take up the redevelopment issue for consideration in the special general body meeting for three months.

Q. If an original member dies, can the associate member continue to be in place and attend meetings till the flat is transferred to a nominee? Prashant Singh, Chembur A.

Associate membership is co-terminus with the membership of a person in a cooperative housing society. Hence, associate membership ceases on the original member's death. The person can neither participate in meetings nor vote. The individual cannot continue to hold any kind of membership after the original member's death. Nominee, if appointed by the member, is entitled to become a provisional member until the shares, rights, title and interest in the flat are transferred in the name of the legally-entitled person by submitting the succession certificate, testamentary document or family arrangement. Thus, the question of an associate member continuing to be in place till the flat is transferred in the nominee's name or the ultimate heir does not arise. (Refer section 154B – 4,10-14 of the Co-operative Societies Act)

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The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

Published on: Monday, November 17, 2025, 10:15 AM IST