RE: Proposed Unauthorised Purchase of Society Asset???
Sandeep Jha
I have a few questions and I expect that the relevant people should answer them on a public forum (because I don’t even clearly know to whom these questions have to be addressed!!!). The questions are –
1. Has the Trust been registered ? I would like to see the Registration Certificate on the Notice Board.
2. If it has not been registered then why is there misinformation being spread to a large number of owners ? Who is answerable for this ?
3. If it has been registered, who is the Settler of this Trust ? Because the Settler of the trust will control the Trust for life! Who has elected this MR X to be the controlling authority of a Society wide body for life ? Are all members aware and willing for such a thing to happen ?
4. If it has been registered I would like to see the executed Trust Deed on the notice board.
5. I would like to know from everyone who all have signed this Trust Deed ? Who all are the Trustees ? What is the role / rights and responsibilities of members defined on the Trust Deed ?
6. I would like to know which is the registered address of this Trust ?
7. How many owners are members and how many tenants are members ?
8. Did the membership form define clearly what the Owners / Residents signing up for ? Did it mention that it is a trust ?
9. How many General Body Meetings have been held and have all decisions been ratified in the General Body ?
10. I have found out from the recent Whatsapp messages that they are not even on talking terms with Amrapali! How will they ever coordinate with Amrapali Management if they cannot even get a small matter of a Fumigation from them ?
11. Why did the Trust not seek clarification and justification from Amrapali for an ad-hoc increase in Electricity Charges and share it with all the residents ?
12. What did the Trust do when the security staff and maintenance staff were on strike ? Why did they not form Volunteer Groups out of the so many committed volunteers they claim to have, to guard the society at least at night ? If they did something then why it was not shared with all residents ?
13. The Trust is claiming to take up common issues of all Residents of AEP then why are they excluding the Residents who are not their members ? Why are they not clearly mentioning in all their communication that they only represent a certain Group of residents ? If they still want all Residents to become their members then why don’t they highlight all of the above answers rather than hiding them ?
14. How will the Trust be treated when the builder creates the bona-fide RWA ? Trusts can’t be dissolved in the life time of the Settler (to the best of my knowledge)!
15. How is the Trust proposing to acquire assets for the Society in the Trust when the same can never be converted to a RWA ?
16. Why is such a fog being created around the Trust if everything is bona-fide ? What or who are they scared of ? Why are they running away from facing owners and answering the above questions ?
17. Are the Trustees / Members individually willing to take adverse legal implications of their actions ?
18. What has happened to the Membership Fees collected till now ? Who is maintaining the accounts ? Is there an independent Auditor appointed ? Is there a bank account ? Who is the signatory ?
When the Trust was started we all assumed that the intentions are good and we did not oppose their working for the last so many months. However, they have now proved that they cannot handle what they are claiming to be handling. They are looking to create conflict just to stay relevant and this will benefit the builder rather than the Owners / Residents.
I request each and every owner and resident to spend a little time on the internet and search for differences between a trust and a society. The picture will be clear to all. It is a very critical juncture in the time-line of our society and all of us must carefully analyse / understand before becoming members of a pseudo organisation. And I request the relevant officials of the Trust to be transparent and open to opinions / suggestions of others and to respond to the above questions in Public Interest.
Thanks and Regards,
Sandeep Jha
From: Residents - Amrapali Eden Park [mailto:resi...@amrapaliedenpark.com]
Sent: 19 September 2015 11:23
To: amrapali-eden-p...@googlegroups.com; aep-mai...@googlegroups.com; 'Amrapali Eden Park Residents' <amrapali...@groups.facebook.com>; 'AEP MAITRI NYAS' <aepmai...@gmail.com>
Subject: RE: Proposed Unauthorised Purchase of Society Asset???
Dear Residents / Owners,
Further to the trail mail.
We are pleased to inform you that Amrapali Management has accepted our request to do the fumigation today in the afternoon and will repeat it every week at no financial burden to the residents.
Wishing health to all.
Regards,
Eden Park Flat Owners Group
From: Residents - Amrapali Eden Park [mailto:resi...@amrapaliedenpark.com]
Sent: 19 September 2015 10:40
To: 'amrapali-eden-p...@googlegroups.com' <amrapali-eden-p...@googlegroups.com>; 'aep-mai...@googlegroups.com' <aep-mai...@googlegroups.com>; 'Amrapali Eden Park Residents' <amrapali...@groups.facebook.com>; 'AEP MAITRI NYAS' <aepmai...@gmail.com>
Subject: Proposed Unauthorised Purchase of Society Asset???
TO WHOMSOEVER IT MAY CONCERN
The reference is drawn to latest whatsapp message (as attachment) sent to residents of Eden Park.
Collection on account of Fumigation @ Rs. 21,000 is acceptable, hence collection for common cause should not be constraint, if collected on pro-rata basis.
However, under no circumstances present AEP Maitri Nyas managing Committee is allowed / authorised to collect such large sum (Rs. 500 X 200 flats = Rs. 100,000 + donations also), proposing to acquire assets for the society. Assets of Amrapali Eden Park Residents under ownership status, should only be acquired or purchased based on LEGAL ELECTED BODY, WITH LEGAL ENTITY AS RWA, THAT COULD BE POSSIBLE AFTER REGISTRATION OF FLATS. THE BODY OF SUCH STRUCTURE IS AUTHORIZED THRU OWNERS OF THE FLATS (NOT BY TENANTS).
Existence of AEP Maitri Nyas is questionable and there is lot of ambiguity in structure or long term ownership as most of the members have no information of legal and authorization structure. RWA when formed to be the only legal body which can represent Amrapali Eden Park Owners and take concurrence of long term goal and facilities. Adhoc or temporary known as AEP Maitri Nyas (voluntary social trust or whatever is its present structure), is only trusted and authorized to follow up with builder for completion, at least such message was transmitted by them. It is well accepted if it serves common cause under limited parameters and liability.
In due course of time, legal opinion is being sought to check the legal standing of AEP Maitri Nyas, till that time, this mail be SERVED as NOTICE to refrain from collecting any additional fund (proposing asset building). Those who are involved in collection and are the decision makers are hereby informed that appropriate action will be taken for such gross negligence towards due process and for mis-leading owners.
It is also not out of term to inform you that RWA when formed will be managing few crores of public fund in coming years, so we need to duly elect a group of right, intelligent, mature and honest people in order to avoid common illegal practice, impose trust among members and RWA Managing Committee.
Warm regards
Eden Park Flat Owners Group
Sandeep Jha
I have a few questions and I expect that the relevant people should answer them on a public forum (because I don’t even clearly know to whom these questions have to be addressed!!!). The questions are –
1. Has the Trust been registered ? I would like to see the Registration Certificate on the Notice Board.
2. If it has not been registered then why is there misinformation being spread to a large number of owners ? Who is answerable for this ?
3. If it has been registered, who is the Settler of this Trust ? Because the Settler of the trust will control the Trust for life! Who has elected this MR X to be the controlling authority of a Society wide body for life ? Are all members aware and willing for such a thing to happen ?
4. If it has been registered I would like to see the executed Trust Deed on the notice board.
5. I would like to know from everyone who all have signed this Trust Deed ? Who all are the Trustees ? What is the role / rights and responsibilities of members defined on the Trust Deed ?
6. I would like to know which is the registered address of this Trust ?
7. How many owners are members and how many tenants are members ?
8. Did the membership form define clearly what the Owners / Residents signing up for ? Did it mention that it is a trust ?
9. How many General Body Meetings have been held and have all decisions been ratified in the General Body ?
10. I have found out from the recent Whatsapp messages that they are not even on talking terms with Amrapali! How will they ever coordinate with Amrapali Management if they cannot even get a small matter of a Fumigation from them ?
11. Why did the Trust not seek clarification and justification from Amrapali for an ad-hoc increase in Electricity Charges and share it with all the residents ?
12. What did the Trust do when the security staff and maintenance staff were on strike ? Why did they not form Volunteer Groups out of the so many committed volunteers they claim to have, to guard the society at least at night ? If they did something then why it was not shared with all residents ?
13. The Trust is claiming to take up common issues of all Residents of AEP then why are they excluding the Residents who are not their members ? Why are they not clearly mentioning in all their communication that they only represent a certain Group of residents ? If they still want all Residents to become their members then why don’t they highlight all of the above answers rather than hiding them ?
14. How will the Trust be treated when the builder creates the bona-fide RWA ? Trusts can’t be dissolved in the life time of the Settler (to the best of my knowledge)!
15. How is the Trust proposing to acquire assets for the Society in the Trust when the same can never be converted to a RWA ?
16. Why is such a fog being created around the Trust if everything is bona-fide ? What or who are they scared of ? Why are they running away from facing owners and answering the above questions ?
17. Are the Trustees / Members individually willing to take adverse legal implications of their actions ?
18. What has happened to the Membership Fees collected till now ? Who is maintaining the accounts ? Is there an independent Auditor appointed ? Is there a bank account ? Who is the signatory ?
When the Trust was started we all assumed that the intentions are good and we did not oppose their working for the last so many months. However, they have now proved that they cannot handle what they are claiming to be handling. They are looking to create conflict just to stay relevant and this will benefit the builder rather than the Owners / Residents.
I request each and every owner and resident to spend a little time on the internet and search for differences between a trust and a society. The picture will be clear to all. It is a very critical juncture in the time-line of our society and all of us must carefully analyse / understand before becoming members of a pseudo organisation. Every mistake at this stage will have far-reaching adverse consequences for everyone. And I request the relevant officials of the Trust to be transparent and open to opinions / suggestions of others and to respond to the above questions in Public Interest.
Brajesh Gupta
I do not know who is right or wrong but from my previous experience I can say that I have seen similar situation in previous society and always builder takes advantage of this situation or sometimes builder help to create two or more groups.
If we are really working for good cause then ego should be avoided and moreover if people talk legal terms then nothing can work.