GUIDELINES FOR REDEVELOPMENT OF HOUSING SOCIETIES

The Co-operative Housing Societies who either plan or are already in the process of planning to go for Redevelopment of the building of their Society should follow the under mentioned guidelines in order to see through the entire process of redevelopment of their Society, successfully right from the stage of approval for redevelopment in General Body, planning of the redevelopment process, implementation of the planning & completion of the redevelopment process.

GUIDELINES:
1) All Co-operative Societies must adopt/amend in their Co-operative Society Bye Law the chapter Redevelopment and should follow the same. 2) All Cooperative Societies in the State of Maharashtra must STRICTLY follow the Directive for Redevelopment of Buildings of Cooperative Housing Society dated 3rd January 2009 issued by Government of Maharashtra, under Section 79 (A) of Maharashtra Co-operative Societies Act,1960. The Directive & Guidelines to be followed are as follows in brief. a. Requisition for convening Specials General Body Meeting for Redevelopment of Societys Building. b. c. Convening Special General Body Meetings. To accept written suggestions from members relating to redevelopment of the buildings. d. e. f. g. h. i. j. k. Decisions to be taken in Special General Body Meetings. Providing Minutes of the meetings to all members. Issuing Appointment Letter to the Architect/Project Management Consultant. Work to be done in the initial stage by Architect/Project Management Consultant. Action to be taken on receipt of redevelopment Project Report. Preparing List of Bids Received. Selection of Developer. Agreement to be entered into with Developer.

STAGE: 1
SELECTION OF DEVELOPER AND DEVELOPMENT AGREEMENT
A. Society members should first & foremost decide amongst themselves on the subject & need of

redevelopment of their building/society and thereafter officially submit a requisition to the Hon Secretary of the Managing Committee to place the requisite subject in the General Body Meeting.

B.

Society should prepare a list of information and facts about the society such as holding pattern

of Societys plot Ownership/MHADA/MCGM/Trust/Govt. Land etc, Conveyance Details, Plot area, Total no. of members, no of flats, no of buildings, type and area of existing flats, Pending litigations, Clear/Unclear title of flats etc in order to share the same with the various consultants PMC, Architect, Legal Advisors for them to analyze, prepare project reports and serve better.

C.

Society should invite quotations and profile from reputed & experienced Architects/PMC who

are on the panel of Government or Local Authority and share the required details of society with them after their appointment.

D.

Society should invite quotations and profile from reputed & experienced Legal Advisors &

Chartered Accountant/Tax Consultant and share the required details of society with them after their appointment.

E.

Society should know & understand which prevailing policy of the Government

and the

Regulations will be applicable for the redevelopment of their Society & to obtain information about FSI & TDR applicable/available in relation to their building/society and accordingly should draw a list of their demands, requirements and expectations from the redevelopment of their Society. F. Society should call for the SPGM to approve the agenda of redevelopment and the initial level of

planning and process to be adopted, before which all above mentioned subjects should be in place.

G.

Society should select and appoint the PMC/Architect, Legal Advisor, Tax Consultant & other

project related consultants once the redevelopment agenda is approved.

H.

Society should form an additional committee such as Redevelopment Committee (RDC) or

Advisory Committee or Technical Committee to assist the Managing Committee in the process of redevelopment in order to increase the number of members to divide the load and scope of the work, to increase & strengthen the participation level & decision taking aspect of committee and maintain Transparency.

I.

Society should not only circulate minutes of each and every meeting but also circulate work

report every 15 days/30 days as may be required to keep one and all well informed about each and every decision taken & work done by committee which will help in achieving & maintaining confidence, faith, trust & transparency amongst the members which will result in better co-operation from all.

J.

Society should get the following work done from appointed PMC/Architect. I) Society

building/land survey & conveyance details II) work on policy & regulations, FSI/TDR applicable III) work on members demands/requirements related to expected new area, corpus, parking, building specifications, amenities etc and on the basis of which the PMC should be asked to prepare & submit a detail realistic feasibility and technical project report as per the time frame as mentioned in the Directive.

K.

Society on receipt of the Project report should share and discuss on the same within the

committee members and the general members should be informed vide circulars/notice & work reports and bring the required amendments if any to the notice of the PMC. The final project report should be approved and draft TENDER DOCUMENT should be prepared and the same should be approved & finalized after having the same discussed over in the number of joint meetings between Society and PMC as per the time frame mentioned in the Directive.

L.

Society should float Tenders through their PMC by publishing Advertisements/Tender notice in

leading newspapers to invite Developers to Bid to redevelop your Society.

M.

Society should strictly follow the Tendering Process as prescribed in the Directive dated 3-1-09.

N.

Society should inform all members in details about the various Bids/Offers received from one

and all bidders either by way of circulation of comparison chart or by holding General body meeting or by displaying it on the Societys Notice Board.

O.

Society should scrutinize the various Bids/Offers received in consultation with their project

consultants on the basis and merits of the offer given, experience, reputation, financial stability etc. and short list at least 5 Bids of the total received or select all in case of total bids received are less than 5.

P.

Society should then strictly follow the process of selection of the Developer as per the Directive

dtd. 3-1-09 & should submit all the required details to the Office of the Registrar cooperative societies requesting him to appoint and authorized an Officer of his office to attend the Special General Body Meeting of the society in which the Developer is to be elected and appointed. Society then with prior permission & in consultation with the authorized officer and other project consultants will fix the Date, Time, Venue & Agenda for the SPGM and issue Notice to all the members of the society as per the time frame prescribed in the Directive.

Q.

Society should hold and conduct the SPGM strictly as per the rules and regulations of society

bye-law & Directive dtd. 3-1-09 and select and appoint the Developer.

R.

Society should also get the various Consents, Declaration cum Undertakings and affidavits

prepared by Legal Advisor to time by all members of the society.

S.

Society should then in consultation with their PMC, Architects and Legal Advisor (Advocate)

prepare the Development Agreement as per the agreed terms and conditions of the contract with the Developer and SPGM approval should be taken for the same. The Development Agreement should be prepared very carefully and neatly covering all aspect, terms, conditions related to the

New flats carpet area, commercial offer offered to and accepted by member/society. Completion period of the project Bank Guarantee Temporary/Alternate accommodation

Time frame and Penalty for delay in work Specifications of New Buildings such as height, no of floors, car park, open/ vacant space, detail list of internal and external amenities, allotments of new flats

Technical specifications related to construction All terms and conditions as per the Directive dtd. 3-1-09 and other clauses as may be required to protect and safeguard the interest of the society and its members.

T.

Society should get all documents, agreements related to contract of redevelopment Registered

under Registration Act 1908.

U.

Society should discuss, work, suggest alterations/modifications and approve all relevant Plans of

new building, flat, redevelopment plan in its SPGM.

V.

Society should ask for all relevant documents, sanctioned plans from BMC, approvals such as

IOD & C.C., Permission etc issued by concerned authorities from time to time to the Developer to commence with the project and should verify the authenticity of the same keep the members well informed about the various progress made at all time. Society should do the allocation of New Flats as per the approved procedure by the society in its SPGM preferably before vacating the existing premises and to the satisfaction of all as per the Directive dtd. 3-1-09.

STAGE: 2
CONSTRUCTION PERIOD & POSSESSION OF FLATS/BUILDINGS ON COMPLETION OF PROJECT
A. Society should on regular basis keep checking and monitoring the progress made by the Developer in construction of the new building. B. Society should form time to time ask its project consultants to conduct various test to ascertain the quality of the material used by the Developer. C. Society should from time to time ask its project consultant to check and verify the construction carried out with the plans, drawings, specifications pre approved by the society. D. Society should call for joints meetings of theirs with the Developer and Consultants during the period of construction to discuss on the progress of the projects and accordingly should share and circulate to all the members of the society .Members should visit site at least once in a month and hold meetings at the construction site to observe, monitor and understand the work carried out. E. Society should immediately bring to the notice of the Developer if any irregularities, defects, quality issue are found in the construction carried out by the Developer. F. Society should ask the Developer and Consultant to prepare monthly / slab wise report of work done and submit it to the Society for its approval and acceptance. G. Society should ask for all the relevant documents, permissions such as Completion Certificate Part OC/ Full OC before taking possession of the new flats and should get themselves thoroughly satisfied in all aspects before taking the possession.

OTHER COMMON GUIDELINES:

Holdings SPGM, AGM, Timely submission should be done on regular basis of all required and relevant Documents/Papers, Minutes of the meetings etc to the Registrars office of cooperative societies.

Society should maintain proper record and files of all relevant documents pertaining to

redevelopment project. Society should always ask for either originals or copies of the various documents, agreements, plans, approvals/permissions and file and preserve them properly.

Society should take meetings on regular basis, share information and knowledge with all

members, invite more and more suggestions and participation from one and all members to achieve trust, faith, confidence, transparency, unity and cooperation.

Society should always have all important communications/correspondence either within the

society members or with the Consultants or with the Developer in WRITING & proper acknowledge for authorized persons should be taken against submission.

Society should always carry out the redevelopment project under the guidance of professionals

such as PMC/Architects, Legal Advisor (advocate), Tax Consultant, RCC consultants & others.

Society should try and resolve all internal issues such unclear title of flats, disputes, litigations

etc before going in for redevelopment or vacating the existing premises.

Society should prepare and work on a very realistic feasible demands, expectations and

requirements of theirs out of redevelopment project to make the project viable for all parties in the project.

Society should strictly follow the Directive for Redevelopment of Buildings of Co-operative

Housing Society Dtd 3rd Jan 2009 and the Time frame mentioned for each subject therein.

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