2 hrs ago
Maharashtra Redevelopment Rules Require 51% Physical Attendance
Maharashtra has issued new rules for housing societies that want to redevelop their buildings.
Members can join some meetings by video call.
Their online attendance can count toward the meeting’s quorum and the vote to choose a developer.
But at least 51% of all members must still be in the room in person.
The article says this could be hard for societies whose members live elsewhere or rent out their flats.
It gives an example where a meeting with 45 people in person and 25 online still could not proceed.
An advocate argues that this requirement may conflict with another rule that allows online participants to count in the developer vote.
Mumbai Grahak Panchayat has asked the government to remove the physical-attendance condition.
A Maharashtra government order dated September 30 replaced the July 4, 2019 guidelines for cooperative society redevelopment.
The order allows eligible members to attend developer-selection meetings by video conference.
Online attendance counts toward the two-thirds quorum and the 51% majority for selecting a developer.
The order also requires at least 51% of all society members to be physically present at the meeting.
Advocate Shirish V. Deshpande says the physical-attendance condition may conflict with a Maharashtra Cooperative Societies rule and recommends societies seek its withdrawal.
- Who
- Maharashtra cooperative housing societies and their members; the issue was raised by Anand Kulkarni and addressed by advocate Shirish V. Deshpande.
- What
- A new redevelopment order permits video-conference attendance but requires at least 51% of society members to be physically present at the meeting.
- Where
- Maharashtra, with the question concerning a society in Borivali, Mumbai.
- When
- The government order was issued on September 30; the article does not state the year.
- Why
- The physical-attendance condition may make developer-selection meetings difficult to hold and, according to the advocate, may conflict with a cooperative-societies rule.
Key facts
- Order date
- September 30; year not specified in the article
- Previous order replaced
- Government resolution dated July 4, 2019
- Legal basis cited
- Section 79A of the Maharashtra Cooperative Societies Act
- Physical attendance requirement
- At least 51% of total society members must be physically present
- Online attendance
- Permitted for members abroad, bedridden due to illness, persons with disabilities, and those unable to attend in person for unavoidable reasons
- Developer-selection rule cited
- Rule 106C-13(3)(j) says the 51% majority includes members attending by video conference
- Representation
- Mumbai Grahak Panchayat has asked the government to delete the physical-attendance condition
Quotes
MCS (Amendment) Rule 106C-13(3)(j)
A provision of the Maharashtra Cooperative Societies (Amendment) Rules cited in the article.
“A resolution for the selection of a developer or a contractor for redevelopment shall be passed by a majority of 51% of the total members of the society including those attending through video-conferencing.”
freepressjournal.in
Sources
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