Redevelopment is the go-to solution for old, dilapidated buildings, as it offers a win-win situation for the builder and the residents.. However, there are certain prerequisites and procedures that cooperative housing societies (CHSs) and residents need to follow to avoid complications in the future. 
 
Before opting for redevelopment, the CHS has to undertake a structural audit from a municipal corporation-approved structural engineer. Based on this report, resident members can collectively decide whether redevelopment or significant repairs are required. 
 
This week, I will address a situation where the residents of a pagdi building have decided to go for the redevelopment of a 100-year-old building; however, the trustees have failed to reach a consensus. We will also address a nuisance and harassment problem with uncooperative neighbours and the documentation required for the sale of a studio apartment. 
 
Redevelopment of a Pagdi Building
 
Question: We have been residing in a pagdi property for over 50 years. The building is over 100 years old and belongs to a trust. We want to get the building redeveloped now and the tenants are all ready for it.  
 
However, there is an argument among the four trustees, with two members on each side. Only two trustees are ready for redevelopment, while the remaining two oppose it. Please guide us about how we should proceed further.
 
Answer: For the redevelopment of the old building, all residents of said building should do a structural audit which examines its stability, from a BMC-approved structural engineer (SE).
 
If the building is repairable, then he will give a structural report stating what types of repairs should be done for its structural stability, with an estimated cost of the repairs. If the building cannot be repaired for its stability, then SE will say that the building has to be demolished for its redevelopment. Until such a structural audit is done, a building cannot proceed for redevelopment.
 
If a structural audit of your building is not yet completed, then it should be done as stated above. If the subsequent structural report says redevelopment is necessary, the trustees should abide by the report and opt for redevelopment.
 
In such a case, you will be given alternate rental accommodation by the trust until the new building is reconstructed. If the trustees fight among themselves and neglect the repair of your building, then as tenants, you can make a complaint against them at the charity commissioner's office at  Worli in Mumbai.   
 
Noise and Harassment from Neighbouring Flat
 
Question: I am a resident of Ambernath, and I have been living in a CHS. We are facing a severe harassment issue with children running, playing and jumping constantly in the flat which is situated directly above us. I had made a complaint to the assistant registrar, and he had issued a letter which mentioned that the father of the children shall pay more attention. The Society has also issued a similar letter giving assurances. 
 
The matter has unfortunately escalated to the point of a police complaint, where they have registered a non-cognisable complaint, but no action has been taken. I am the joint treasurer of our Society and I have three letters from the registrar, one from my Society's secretary, one from the police and all the complaint letters that I have written. Please advise. 
 
Answer: You have followed the correct process, except with the police station. Instead of a first information report (FIR), the police have registered a non-cognisable complaint, meaning they will only take action with a court order. 
 
For not taking action against the flat-owner above you, by registering an FIR, make a Lokshahi Din complaint against the police, to the district collector (Thane) whose office is near the Thane district court. Along with your Lokshahi Din complaint, attach a copy of all the orders of the assistant registrar and also your complaint to the police station. 
 
The district collector takes a Lokshahi Din hearing in his office on the first Monday of every month, where you are called for the hearing, and an order will be passed to your police station to take action on your complaint. 
 
NOTE
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Documentation for Sale of Studio Apartment
 
Question: Possession of a studio apartment was given to me in 2016 (delayed by 10 years). After 2018, no maintenance has been done in the common area. On the contrary, the staircase of the building and the approach road were destroyed. My property was vandalised, used and abused without any prior permission. Despite repeated complaints, no action was taken. Finally, as a distress sale, when we decided to sell the property at half the price, we are being harassed while issuing a no objection certificate (NOC).
 
Answer: Society's permission or NOC is not required for selling a flat. You can simply sell your flat by making a stamp duty paid and sub-registrar of assurances registered sale deed and by putting your signature on the Society's share transfer forms. All the forms must be signed by the seller of the flat and given to your buyer. This is enough. 
 
Inform your buyer that he has to pay transfer fees, Rs25,000 along with his membership fees of Rs500 when he submits the transfer forms to the Society.  
 
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever. 
 
(Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)