Short Answer

Yes, the society needs to hold a general meeting before filing a RERA complaint.

Detailed Explanation

Rule 5 of the Gujarat RERA Rules, 2017 mandates that a complaint can be filed by an association of allottees, which includes a cooperative society, after passing a resolution in a general meeting. This means that before initiating a RERA complaint, the society must convene a general meeting where the members discuss and pass a resolution authorizing the filing of the complaint. This requirement ensures that the decision to file a complaint is taken collectively by the society members.

In practice, this process involves notifying all members about the general meeting, discussing the issues related to the builder delays or any other RERA violations, and obtaining the approval of the majority of members present at the meeting. The resolution passed in the general meeting serves as the authorization for the society to proceed with filing the RERA complaint on behalf of its members.

For example, if a cooperative housing society is facing significant delays in the completion of a project by the builder, the managing committee can call for a general meeting to seek approval from the members to file a RERA complaint against the builder for the delays. The decision to file the complaint should be documented in the meeting minutes, along with the resolution passed by the members.

Another scenario could be where the society is aggrieved by the builder's failure to provide promised amenities as per the RERA agreement. In such cases, the society can convene a general meeting, discuss the non-compliance issues, and seek approval from the members to proceed with a RERA complaint to address the grievances collectively.

In conclusion, holding a general meeting before filing a RERA complaint is a crucial step to ensure that the decision is made collectively by the society members, and the resolution passed in the meeting serves as the authorization for initiating the complaint process.

References

• Rule 5 of the Gujarat RERA Rules, 2017: Gujarat RERA Rules