Maharashtra Amends Housing Rules To Allow Online Attendance For Redevelopment Meetings
The Maharashtra government has amended the Maharashtra Cooperative Societies Rules, 1961, to permit housing society members to attend redevelopment Special General Body Meetings (SGBMs) via video conferencing. The state government notified the amendments on June 18, following queries regarding redevelopment procedures raised by local residents including Professor Alok Hardikar of Vile Parle (East). The new provisions are aimed at resolving quorum difficulties that frequently delay redevelopment projects.
Under the newly amended Rule 106C-13(3)(j), members are officially permitted to attend these critical meetings online. To select a developer or contractor for a redevelopment project, a resolution must be passed by a majority of 51 percent of the total members of the society, which includes those participating through video conferencing.
While online participation is now allowed to help meet the voting threshold, the initial requirements to start the meeting remain strict. According to sub-rule (i), a redevelopment-related SGBM requires 14 clear days of notice, and the quorum required to commence the proceedings must be two-thirds of the total membership.
The amendments also mandate official oversight for these proceedings. All such meetings must be conducted in the presence of a representative from the cooperative department's Registrar. Additionally, video recording of the meeting is mandatory. The recording must remain in the custody of the society's chairman, and one copy must be submitted to the office of the Assistant or Deputy Registrar within whose jurisdiction the society is located.
Despite the mandatory presence of the Registrar's representative, housing societies do not require a No Objection Certificate (NOC) from the Registrar, Deputy Registrar, or Assistant Registrar to select or appoint a developer. The representative is only required to submit a factual report of the meeting to the Registrar, who then communicates it to the society.
Advocate Shirish V. Deshpande, chairman of the Mumbai Grahak Panchayat, noted that the amended rules contain some contradictions regarding the lack of a quorum. Sub-rule (f) states that if a quorum is not present at the appointed time, the meeting can be adjourned to a later hour or to a subsequent date between seven and 30 days later, where business can proceed without the standard quorum. However, because sub-rule (j) still mandates that 51 percent of the total membership must approve the developer, Deshpande warned that these conflicting rules could trigger litigation and delay projects unless a clarifying amendment is issued.
