The order is under Section 79A of the Maharashtra Co-operative Societies Act, 1960. It supersedes the 4 July 2019 resolution. This part is paragraph 13, the twelve points the agreement must carry.

The agreement is due in 3 months, on the meeting’s terms

The managing committee must, within 3 months, enter into an agreement with the developer or contractor. The terms are those the general meeting approved. The agreement is made under the guidance of the architect or project management consultant. The twelve points below are in addition to whatever else the consultant proposes.

Two years to finish, three only in an exceptional case

From the date of the first or foundation certificate, the redevelopment or construction of the society’s project shall not take more than 2 years. In exceptional circumstances, not more than 3. The period is tied to the size of the project, and the cap is in the agreement.

The bank guarantee is a general-meeting decision

What proportion of the total project cost the developer’s bank guarantee should cover, and in what form, is decided with the approval of the general meeting. The committee does not fix that figure alone.

Rent, a flat nearby, or a transit camp

During the redevelopment period, the developer shall, as far as possible, give members alternative accommodation in the same locality until the project is complete, or arrange monthly rent and a deposit acceptable to the members, or provide a transit camp. The agreement must record which of these applies.

Two registered agreements, and a date for the second

The development agreement with the society, and the Permanent Alternative Accommodation Agreement with each individual member, must be registered under the Registration Act, 1908. Within 3 months after the development agreement is registered, the individual agreement must be made with the member.

Do not vacate before both gates are open

Members vacate only after all legal approvals for the redevelopment have been obtained, and only after the Permanent Alternative Accommodation Agreement with that individual member has been registered. The rights of those in possession of the flats remain unaffected. A notice to leave, before the individual agreement is registered, is not what this clause allows.

Carpet area is stated as RERA defines it

The agreement must clearly state the carpet area payable in accordance with the Real Estate (Regulation and Development) Act, 2016. A built-up or super-built-up figure is not a substitute for that statement.

The rights cannot be transferred

The development rights given to the developer are non-transferable. The society’s project cannot be passed to another party under this clause.

New buyers get membership within 3 months of possession

After the project is complete, or possession of the flats is received, the society’s committee must decide applications for membership from new flat or premises holders within 3 months, and give them membership and share certificates. This answers one of the complaints the order itself lists.

Disputes go to the competent forum, not a private arrangement

Any dispute in the redevelopment work must be referred to the competent court or authority under the prevailing Act. That condition must be in the agreement between the architect, contractor or developer and the society.

Flat allotment is another meeting, filmed, floor-wise where possible

A Special General Meeting is called for allotment of flats in the redeveloped building, with at least 14 days’ notice to all members. The decision is by a majority of members present, being not less than 51 per cent of the total members. As far as possible, flats are allotted floor-wise in accordance with the present position. If a draw of lots becomes necessary, the developer arranges it after the building is complete, and the flats are distributed then. The society video-records this meeting. The minutes, the video and the certified allotment list go to the Registrar within 1 month.

No committee member, and no relative, can be the developer

No committee member or office-bearer of the society shall be a developer, or a relative of the developer.

Approved plans go before the general meeting

The construction plans approved by the Municipal Corporation or the competent authority must be presented before the general meeting for information. A member who wants a copy applies to the society in writing. The committee must provide it for the appropriate fee.

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