Minutes of Sunday Meeting and Road Ahead

[AWHO Tenant Admin]

Posting again as added 30 new members today.

Hi All.

First of all Congratulations for coming together on Sunday and help us to raise our voice to RWA!

I have pointed out day highlights below along with our stand and next step. Please let me know your stand on the same.

Here goes the entire day:

 Gathering at Central Park at 10.30 am:

On Sunday we had a gathering of around 250 residents in the Central park and we all agreed that RWA should stop discrimination with the Tenants. During the meeting we agreed to raise following key points to the RWA:-

1. Stop Discrimination with Tenants.
2. Withdraw the Membership fee (One time + Monthly). (This fee is applicable only on Tenants)
   
3. Facilities charges to be paid on the Use & Pay basis.
   
4. Equal charges of Facilities for Tenants & Owners.
5. Parking issue (Specially Night charges to be withdrawn).

PS. RWA tried to provoke the gathering by putting Bouncers in the central park and later in the RWA office but they failed to provoke the members. Thanks everybody for showing great amount of patience.

Selection of Key Representative of Tenants:
During the meeting we elected few members as our representatives to put our demands in front of RWA. I do not have list of all representatives but 3 of them who meet the President were as following:

1. Vivek
2. Gaurav
3. Madhumita
4. 4 more ... (I don't remember the name)
   

 Meeting with President(Mr. Rathi):

During the meeting we realized that President was in no mood to talk to us but because of the gathering he agreed to talk to us. We put our demands to the president and here is a response on each point:-

1. Stop Discrimination with Tenants.
   In the words of Mr. Rathi, RWA's manifesto says that RWA will not do any discrimination in its members.
   When we pointed out about extra charges for tenants etc he referred to the GBM (General Board Meeting) and said he is working hard for the residents but we defer to his opinion.
   
   
2. Withdraw the Membership fee on tenants (One time + Monthly).
   In the words of Mr. Rathi These charges were decided in the GBM in 2010 and not his solo decision. In the GBM charges were 5000(non refundable) + 5000 refundable security deposit but Mr. Rathi charged only 5,000.00 instead of 5000+5000.
   
   We told him that membership charges have already paid by the owners then why RWA is charging these 5000 to the Tenants as they are not here for lifetime and membership is linked with the flat/owner and we are already paying rent to the owner but again he was in no mood to listen anything and refereed everything to GBM.
   
   We also suggested of these charges can be put on hold till next GBM and he simply denied for the same.
   
   We also told him that tenants are already paying extra fee as compared to owners then why this compulsory membership fee if there is no benefit attached to the membership fee but again referred to GBM .......
   
   
3. Facilities charges to be paid on the Use & Pay basis.
   We told the president that we want to pay on the use and pay basis but he said that club membership is compulsory and if we will not pay they will stop us from using club facilities.
   
   
4. Equal charges of Facilities for Tenants & Owners.
   Referred to GBM ...
   
   
5. Parking issue (Specially Night charges to be withdrawn).
   As per Mr. President RWA has implemented this charge to stop unauthorized usage of parking within the society and for security purpose.
   And for gueests he informed us that there are no charges applicable for guests (even tenants guests) if we get the gate pass in advance for our guests for the night stay . This gate pass can be issued by the Estate manager as well.
   Mr. President said that this circular was published on all the notice boards but to our surprise none of us was aware of this and we never being informed about the same at gate as well whenever paying these charges.
   If this is true that with gate pass our guests can stay in the society without any parking charges we have no issue on this point.

Conclusion of the meeting:

At the end we asked a very straight forward question to the President that "If we will not pay the membership fee then what?

Mr. President said that we have to pay this fee else we will be stooped from accessing the club facilities and they will approach the landlords to collect the money from tenants but they will not say anything to the tenants.

 Our Stand:

1. We all agreed not to pay any membership fee one time or monthly as of now and in case they create any issue to the tenants we will again raise our voice.
2. We will not renew any membership of health club and pool and will simply boycott the facilities to create pressure on RWA not only to withdraw membership fee but also to bring down the health club and pool charges equivalent to owners.
3. We have agreed to write an official letter to the RWA for our demands but so far it is pending till core members have another round of meeting.
4. We agreed to seek a legal opinion on the rights of Tenants in a RWA but any further action on the same is pending so far.
5. We also discussed the option to register an association of tenants in AWHO and any action on the same is pending so far.
6. We agreed to have small meets of Tenants on every Sunday to ensure that our efforts are not going into vain.

What Next?

1. A formal letter to RWA
2. Next meet on Sunday 8.00am at central park to decide the next action plan
3. Regular participation in the open forum of RWA on last Sunday of the month. Can somebody confirm the time for the same?
4. Demand for a GBM.
5. Boycott the facilities in the society till RWA stops discrimination. 

" Coming together is a beginning. Keeping together is progress. Working together is success."

Cheers,

Gaurav Kr. Gupta
H - 806

[sukhwinder Thind]

Affirmative, Gaurav

regards

Sukhwinder Singh Thind

H-1106

9958213035

[Guleria]

Agree with you Gaurav. This is a good initiative against the tyranny
of RWA.

On May 8, 8:47 am, AWHO Tenant Admin <gpur...@gmail.com> wrote:
> Posting again as added 30 new members today.
>
> Hi All.
>
> First of all Congratulations for coming together on Sunday and help us to
> raise our voice to RWA!
>
> I have pointed out day highlights below along with our stand and next step.
> Please let me know your stand on the same.
>

> *Here goes the entire day:*
>
>  *Gathering at Central Park at 10.30 am*:

>
> On Sunday we had a gathering of around 250 residents in the Central park
> and we all agreed that RWA should stop discrimination with the Tenants.
> During the meeting we agreed to raise following key points to the RWA:-
>

>    1. Stop Discrimination with Tenants.
>    2. Withdraw the Membership fee (One time + Monthly). (This fee is
>    applicable only on Tenants)
>    3. Facilities charges to be paid on the Use & Pay basis.
>    4. Equal charges of Facilities for Tenants & Owners.
>    5. Parking issue (Specially Night charges to be withdrawn).
>
> *PS. *RWA tried to provoke the gathering by putting Bouncers in the central

> park and later in the RWA office but they failed to provoke the members.
> Thanks everybody for showing great amount of patience.
>

> *Selection of Key Representative of Tenants:*

> During the meeting we elected few members as our representatives to put our
> demands in front of RWA. I do not have list of all representatives but 3 of
> them who meet the President were as following:
>

>    1. Vivek
>    2. Gaurav
>    3. Madhumita
>    4. 4 more ... (I don't remember the name)
>
>  *Meeting with President(Mr. Rathi):*

>
> During the meeting we realized that President was in no mood to talk to us
> but because of the gathering he agreed to talk to us. We put our demands to
> the president and here is a response on each point:-
>

>    1. *Stop Discrimination with Tenants.
>    *In the words of Mr. Rathi, RWA's manifesto says that RWA will not do

>    any discrimination in its members.
>    When we pointed out about extra charges for tenants etc he referred to
>    the GBM (General Board Meeting) and said he is working hard for the
>    residents but we defer to his opinion.
>

>    2. *Withdraw the Membership fee on tenants (One time + Monthly).*

>    In the words of Mr. Rathi These charges were decided in the GBM in 2010
>    and not his solo decision. In the GBM charges were 5000(non refundable) +
>    5000 refundable security deposit but Mr. Rathi charged only 5,000.00
>    instead of 5000+5000.
>
>    We told him that membership charges have already paid by the owners then
>    why RWA is charging these 5000 to the Tenants as they are not here for
>    lifetime and membership is linked with the flat/owner and we are already
>    paying rent to the owner but again he was in no mood to listen anything and
>    refereed everything to GBM.
>
>    We also suggested of these charges can be put on hold till next GBM and
>    he simply denied for the same.
>
>    We also told him that tenants are already paying extra fee as compared
>    to owners then why this compulsory membership fee if there is no benefit
>    attached to the membership fee but again referred to GBM .......
>

>    3. *Facilities charges to be paid on the Use & Pay basis. *

>    We told the president that we want to pay on the use and pay basis but
>    he said that club membership is compulsory and if we will not pay they will
>    stop us from using club facilities.
>

>    4. *Equal charges of Facilities for Tenants & Owners.*
>    Referred to GBM ...
>
>    5. *Parking issue (Specially Night charges to be withdrawn).*

>    As per Mr. President RWA has implemented this charge to stop
>    unauthorized usage of parking within the society and for security purpose.
>    And for gueests he informed us that there are no charges applicable for
>    guests (even tenants guests) if we get the gate pass in advance for our
>    guests for the night stay . This gate pass can be issued by the Estate
>    manager as well.
>    Mr. President said that this circular was published on all the notice
>    boards but to our surprise none of us was aware of this and we never being
>    informed about the same at gate as well whenever paying these charges.
>    If this is true that with gate pass our guests can stay in the society
>    without any parking charges we have no issue on this point.
>

> *Conclusion of the meeting*:
>
> At the end we asked a very straight forward question to the President that*"If we will not pay the membership fee then what?
> *

>
> Mr. President said that we have to pay this fee else we will be stooped
> from accessing the club facilities and they will approach the landlords to
> collect the money from tenants but they will not say anything to the
> tenants.
>

> * Our Stand:*
>
>    1. We all agreed not to pay any membership fee one time or monthly as of

>    now and in case they create any issue to the tenants we will again raise
>    our voice.

>    2. We will *not renew *any *membership *of *health club *and *pool *and

>    will simply boycott the facilities to create pressure on RWA not only to
>    withdraw membership fee but also to bring down the health club and pool
>    charges equivalent to owners.

>    3. We have agreed to write an official letter to the RWA for our demands

>    but so far it is pending till core members have another round of meeting.

>    4. We agreed to seek a legal opinion on the rights of Tenants in a RWA

>    but any further action on the same is pending so far.

>    5. We also discussed the option to register an association of tenants in

>    AWHO and any action on the same is pending so far.

>    6. We agreed to have small meets of Tenants on every Sunday to ensure

>    that our efforts are not going into vain.
>

> *What Next?*
>
>    1. A formal letter to RWA
>    2. Next meet on Sunday 8.00am at central park to decide the next action
>    plan
>    3. Regular participation in the open forum of RWA on last Sunday of the

>    month. Can somebody confirm the time for the same?

>    4. Demand for a GBM.
>    5. Boycott the facilities in the society till RWA stops discrimination.

[Anuj Jain]

Dear All,

Can we get any information on the below:

1. Under RTI, can we get the details of the charges being paid by the original allotees / other owners / tenants?

2. Please see below extract of the notice posted on the website regarding the maintenance charges which gives a clear view (Point no. 8) that the tenants do not have any say. It was mentioned that these charges are decided in GBM (Point no. 9 below). Then how come the maintenance charges were increased by Rs. 500.00 with immediate effect on Sunday evening? . See point no. 10, what does residents mean here?

7.       However, we intend ordering a Board of Officers to study this and recommend after taking all aspects into consideration.

 

8.       We also request all allotees to forward their views / recommendation for the above through society website.

 

9.       The increase in maint charges will be got ratified by GBM whenever held.

 

10.    This has been discussed in RWA meeting in interactive session with residents and approved subject to recommendation by Board of Officers.

3. Do tenants / their representative have any right to attend the GBM/ other meetings where such charges are defined?

4. Usually, when RWA is formed, there is a set of rules & regulations and details of charges to be collected and there after there is extract of all the GBM and other meetings which is mandatory to be maintained. By any chance can we have a copy of these? I think we will be in a better position to argue, if we have these details.

5.  Is it violation of the tenants rights? The club charges have been paid by the owners at the time of booking/ possession for the usage of facility and even then RWA is charging the same from the tenants. As per my understanding, the club charges are paid/ collected by the builders/ association and are included in the price of the apartment and the right to use the same will not attract any charges whatsoever, moreover even the maintenance charges for the club are not separate and are included in common area maintenance charges. Having said this, a lot us us had opted for paying separate charges for using the GYM and also for the swimming pool without any grudges.

Regards

Anuj

[Gaurav @ Gmail]

I think we can seek help from Mr. Yadav to take the copy as he is owner here and is supporting our cause as well.

[Chintan]

Check this.

Rules of RWA - Sispal Vihar. It says all member who stay here have right to participate in meetings, etc.

 

http://sispalviharsociety.blogspot.in/2010/07/sispal-vihar-bye-laws.html

 

regards

Chintan

[Anuj Jain]

This is there on the society portal as well. But it does not mention anything specific on the charges to be paid by the original allotees/ other owners and the tenants.

I have also spoken to a few people and I have been told that the money paid for the common area maintenance is collected by the builder at the time of booking in different names like 'External development charges' / ' Internal Development Charges' / ' Interest free maintenance charges' and normally it is  ' Interest free maintenance charges' which forms a corpus fund and the interest received on such deposit is used for common area maintenance. The other maintenance charges paid on monthly basis is on account of such facilities like club/ pool/ gym etc.

Regards

Anuj