Short Answer

Yes, members can impose design or material conditions on the developer in the agreement.

Detailed Explanation

Section 74 of the Gujarat Cooperative Societies Act, 1961 empowers the society members to impose conditions on the developer regarding the design or materials to be used in the redevelopment or structural repairs. This means that the society members have the authority to specify the design aesthetics, quality of materials, and other related aspects in the agreement with the developer. In practice, this provision ensures that the redevelopment or repair work aligns with the preferences and standards set by the society members.

For example, if a cooperative housing society decides to undertake redevelopment of its building, the members can include clauses in the agreement with the developer specifying the use of certain materials like eco-friendly construction materials or adherence to a particular architectural style. This ensures that the redevelopment project meets the expectations and requirements of the society members.

Furthermore, in scenarios where structural repairs are needed, the society members can dictate the design specifications to ensure the safety and structural integrity of the building. By imposing design or material conditions on the developer, the society members exercise control over the redevelopment or repair process, safeguarding their interests and ensuring compliance with their preferences.

In practical terms, the process involves detailed discussions among the society members to determine the design and material requirements, followed by incorporating these specifications into the agreement with the developer. This collaborative approach ensures that the redevelopment or repair work meets the collective vision of the society members.

Reference

• Gujarat Cooperative Societies Act, 1961 (Section 74)

• Official PDF