CONSENT LETTERS GIVEN BY MEMBERS OF HOUSING SOCIETY

A consent letter for society redevelopment is a crucial, irrevocable legal document where a member agrees to the demolition and reconstruction of their building by a chosen developer, accepting terms like new flat size and temporary transit accommodation, and binding themselves and heirs to the project's finalized conditions, often required for compliance under laws like Maharashtra's Section 79(A) for smooth project progression. 

Understanding the 51% Consent Rule in Housing Society Redevelopment

BY ADV SARIKA KUKARNI 

in Real Estate & Property Law 

The 51% Consent Rule: What It Means

As per the Maharashtra government’s directives, a housing society can proceed with redevelopment if at least 51% of its total members provide written consent during a Special General Body Meeting (SGM). This threshold aims to simplify and expedite the redevelopment process, especially for older and smaller buildings.

Voting Dynamics: Majority vs. Minority

Once the 51% consent threshold is met, the society is legally empowered to move forward with redevelopment plans. Members who oppose the decision, even if they constitute up to 49% of the society, cannot unilaterally halt the process. The Bombay High Court has consistently upheld that minority members cannot obstruct redevelopment approved by the majority.

Rights of Absent Member

Members unable to attend the SGM but wishing to support redevelopment should submit their written consent to the society’s managing committee before the meeting. This ensures their vote is counted towards the required majority. It’s crucial to note that verbal approvals or informal communications are not considered valid; only documented consent is recognized.

Legal Recourse for Non-Consenting Members

Non-consenting members who refuse to vacate their premises post-approval may face legal action. Developers can approach the High Court to seek possession of such flats. In several cases, the court has appointed receivers to take possession of the properties and hand them over to the developers, emphasizing that minority opposition cannot derail redevelopment projects

Importance of Timely Consent

Delays in providing consent can lead to prolonged disputes and potential legal complications. Members are encouraged to participate actively in SGMs and communicate their decisions promptly to facilitate smooth redevelopment processes.

Conclusion

The 51% consent rule empowers housing societies in Maharashtra to undertake redevelopment projects efficiently. While it respects the majority’s decision, it also provides a structured legal framework to address minority concerns, ensuring balanced and progressive urban development.

Key Components of the Consent Letter
  1. Member Details: Full name, flat number, floor, and society name.
  2. Declaration of Consent: Explicitly state willingness and lack of coercion (no fear, undue influence) to participate.
  3. Agreement to Redevelop: Irrevocable consent for demolition and reconstruction.
  4. Developer Appointment: Confirmation of agreement with the appointed developer (e.g., M/s. XYZ Developers).
  5. Cooperation Clause: Undertaking full cooperation with the managing committee and developer.
  6. Binding Nature: Agreement that decisions made in the Special General Body Meeting (SGBM) and final terms are binding on legal heirs and successors.
  7. Legal Compliance: Reference to relevant government resolutions (e.g., Maharashtra’s GR dated 04 July 2019 under Section 79(A)).
  8. Flat Details: Agreement on receiving equivalent or specified new area/size in the redeveloped building.
  9. Vacation & Transit: Agreement to vacate the flat and shift to temporary transit accommodation provided by the developer.
  10. Signatures & Date: Member’s signature, name, and date
Scroll to Top