Inconvenience caused by tenants of flat B-210 and notice for vacating

[DSMSerenityBBlock]

Hello Manjunath,

As we informed to you today, your tenant made a big nuisance in the apartment. 

Water problem is there but it is not intentional and not expected. There was a rat dead in the sump water. So we drained all the sump water and cleaned the sump. We had informed everybody through the security guard that there will be no water and to make necessary arrangements. Your tenants were not in the flat when the security had come to inform. We were there till 11 O'clock in the night to get the sump cleaned. Unfortunately at the same time there was a problem at the water supplier side, so he couldn't supply water yesterday as well as today morning.

Yesterday, at 11.30 the tenants knocked the doors of some association members’ house yelling and arguing with them about the situation. We were trying hard to get the water from different sources in the morning also. Your tenant and his wife were shouting at the security guard "who is the secretary". Some of the association members and their families were there at that time. When we tried to interfere in the situation he was shouting at every body and started to push around people trying to get physical. He was shouting in Tamil and used all the bad words. He was even coming on to the ladies and few others to beat. He used all bad words and no respect even for ladies. And he was discriminating the language and scolding and that particular language people. Literally he said, 'Telugu Nayi'. Not only that there were many. Before starting the argument itself he called some of his friends. And after this argument he called few more and he literally prepared for the physical fight. The situation would have gone worse if we did not call the police. 

After the police entered they even started lying to the policeman that the water problem was there from last three days, whereas the problem was there only since yesterday night from around 10 PM. After the policeman asked for the tenants to not cause any fights and to take the matter to the police station if needed only then they left the scene. By this time we had already got about 4-5 tankers of water and water had been pumped up to the overhead tanks.

When few people are working for the apartment and looking after needs of everybody, it is not the way to behave with them.

Considering the situation and all the consequences faced by the residents of the association the association committee has decided that your tenants pose a threat to the peace and well being of the residents of the apartment. Hence we are forced to take a decision to ask you to make them vacate the apartment as soon as possible. We cannot allow your tenants continue to cause problems to other residents.

Please revert us with the date when your tenants will be vacating.

Best Regards,

DS Max Serenity B Block Apartment Owners’ Welfare Association

[GP Muthukrishnan]

Hi All,

Sad to note such incident happened. Current association members have just taken over their role and have been following up with maintenance and issues with developer. Let us support them to have our place peaceful and friendly.

As we are sharing common resources mutual respect is essential.

Best Regards,

Krishnan

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[Pavan Pamarthi]

Dear Manjunath,

        Kindly confirm us on the status of vacating the current tenants of your flat. Thanks in advance for your confirmation.

Regards,

DS Max Serenity B Block Apartment Owners’ Welfare Association

[Robinson Thomas]

Namaste Pavan,

Did u got any date for vacating the flat from the owner ???? If  we are unable to receive the date, then the association can serve the date...

Jai Hind

Robinson

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Regards,
Robinson Thomas
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[DSMSerenityBBlock]

Hello Majunath,

It has been 2 1/2 months after the mess happened. Still, your tenant has not vacated, yet. WHAT WAS THE ACTION TAKEN BY YOU?

We want to ensure our living place safe, friendly and pleasant. Which will happen only when everybody cooperate and respect the association's instructions, rule and regulations.

We heard that he would be vacating by July end, but he didn't.

We want you to be strict in this case. Please come come back with your answer. Association is ready to support any other issues.

All other owners, please post your opinion on this issue.

Best Regards,

DS Max Serenity B Block Apartment Owners’ Welfare Association

[vennila raam]

Hi Sir,

With regards to your mail, I have already confirmed you that We'll not vacate the house.

In case if you force us to vacate the house then I am sorry to say this "You will have to face legal problems".

 Regards,

Vennila.

On Fri, Aug 9, 2013 at 9:35 PM, Hanchala G Last Namemanjunatha <hanchalag...@yahoo.com> wrote:

Hi Mam

What shall I do

H G Manjunatha

On 26 May, 2013, at 10:25 PM, DSMSerenityBBlock <dsmseren...@ googlegroups.com> wrote:

Hello Manjunath,

As we informed to you today, your tenant made a big nuisance in the apartment. 

Water problem is there but it is not intentional and not expected. There was a rat dead in the sump water. So we drained all the sump water and cleaned the sump. We had informed everybody through the security guard that there will be no water and to make necessary arrangements. Your tenants were not in the flat when the security had come to inform. We were there till 11 O'clock in the night to get the sump cleaned. Unfortunately at the same time there was a problem at the water supplier side, so he couldn't supply water yesterday as well as today morning.

Yesterday, at 11.30 the tenants knocked the doors of some association members’ house yelling and arguing with them about the situation. We were trying hard to get the water from different sources in the morning also. Your tenant and his wife were shouting at the security guard "who is the secretary". Some of the association members and their families were there at that time. When we tried to interfere in the situation he was shouting at every body and started to push around people trying to get physical. He was shouting in Tamil and used all the bad words. He was even coming on to the ladies and few others to beat. He used all bad words and no respect even for ladies. And he was discriminating the language and scolding and that particular language people. Literally he said, 'Telugu Nayi'. Not only that there were many. Before starting the argument itself he called some of his friends. And after this argument he called few more and he literally prepared for the physical fight. The situation would have gone worse if we did not call the police. 

After the police entered they even started lying to the policeman that the water problem was there from last three days, whereas the problem was there only since yesterday night from around 10 PM. After the policeman asked for the tenants to not cause any fights and to take the matter to the police station if needed only then they left the scene. By this time we had already got about 4-5 tankers of water and water had been pumped up to the overhead tanks.

When few people are working for the apartment and looking after needs of everybody, it is not the way to behave with them.

Considering the situation and all the consequences faced by the residents of the association the association committee has decided that your tenants pose a threat to the peace and well being of the residents of the apartment. Hence we are forced to take a decision to ask you to make them vacate the apartment as soon as possible. We cannot allow your tenants continue to cause problems to other residents.

Please revert us with the date when your tenants will be vacating.

Best Regards,

DS Max Serenity B Block Apartment Owners’ Welfare Association

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[arks...@yahoo.com]

Dear all, In this event we have left with one option only; pushing the house owner to terminate the lease contract by giving the tenant legal notice period in accordance with the contract to vacate the Apartment. The whole atmosphere will be spoiled if he continues to stay there. Regards Subair (204) Sent from Yahoo! Mail for iPhone

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From: vennila raam <vennil...@gmail.com>;
To: Hanchala G Last Namemanjunatha <hanchalag...@yahoo.com>; <dsmseren...@googlegroups.com>;
Subject: Re: Fw: Inconvenience caused by tenants of flat B-210 and notice for vacating
Sent: Sat, Aug 10, 2013 4:56:51 AM

[Robinson Thomas]

Namaste All,

In my opinion, there's no question and compromise on the decision taken by the DS MAX Owners association. As the tenants have itself created the problem with no fault of the association. It is the owners responsibility to be part of peaceful atmosphere. The owner has to be held responsible for any untoward incident if he has given the house for rent.

The same thing I have observed for other flats also where bachelors are staying particularly during the weekend night. In case of any legal issue, the association should fully support Manjunath.

But how come the legal case against Manjunath...he is the owner and the association will be with him..

But the whole thing that surprised me is that till now no one has sent their own opinion..Is it that some 3-4 members of the association are owning the association. They are not doing any paid job...Lets all support the core committee members and avoid just watching them.

@Owners : Don't deviate from the issue by replying to my mail and opinion. U all count my response as NO.

JAI HIND

ROBINSON

[Srinivas Tarini]

Manjunath,

That's ridiculous, who is he to dictate you. 

What is the agreement you had with him? Whatever it may be, he will not have much scope to do anything legally. 

If you stand firm, we all will support you and take lead. Please don't be so kind to your tenant.  

All the owners,

Please speak out and express your support to Mr.Manjunath.

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[GP Muthukrishnan]

Hi,

In the email from Manjunatha to Vennila, he is asking "what shall i do". Looks like Manjunatha needs advise about his "right" as a house owner. That is, based on the contract he can notify them to vacate. One of us can talk to him to guide.

Regards,

Krishnan

[Robinson Thomas]

Looks like Manjunatha intentionally want to shoulders all the responsibility to Association members ... he is not bothered about other owners... at the same time enjoying all the perquisites. in case he is not taking the lead..owners association has the full right to go legally against him.. and i think this is the better approach for speedy solution.. i will talk to the lawyer who has helped in registering our association.

but even without referring to lawyer, its a simple picture that the tenant can not legally threaten a owner if he asks him to vacate with notice period.

Also the police personal who attended the brawl on that day ..the tenant should be asked to move quickly and the association has the full right to do that..

Jai Hind

[Sachin biradar]

Hi All

 

Just a thought,

 

Would it possible to consider the earlier incident as a warning to the tenants, only if they agree on providing in-written a apology to the association on the incident and also apologize to the people during the meeting. This would be to avoid any legal complications that may arrive due to the contract between owner and the tenant (Don't know the details though). In due course of time the moment contract ends the owner can ask the tenants to vacate. If the owner or the association is free from legal implications, let's ask the tenants to leave.

 

Thanks and Regards

Sachin Biradar

[Robinson Thomas]

Hi Sachin,

Yes.. Let me talk to the lawyer tomorrow and then I will update what he shared.

But again , as you see there are other problems waiting in the queue to be created for unknown reason..

Lets make them an example as I came to know that the guy has not even respected the ladies in the brawl. This may happen to any female members of our apartment..

Jai Hind

Robinson

[Murali Jay]

Friends,

 

Here are my thoughts on this subject:

 

1. When the President/Secretary of the association sends out a mail to the owners/residents/association members, that is generally sent out after due discussions within the core committee members (11 members), and based on the final decision (either based on majority or consensus). Hence, when the President/Secretary sends out the mails, there is no need for the other members to "stress" on that by sending follow-up or supporting e-mails. The President/Secretary voices the collective opinion/decision of the association members, and it indicates that the President/Secretary has the backing of the association.

 

2. As somebody pointed out, Mr. Manjunath probably was asking the tenant on what to do, instead of conveying the decision by the association and getting them vacated.

 

3. The e-mail from "Vennila" is clearly to threat perception; there was no need for that person to copy/send to all of us, when Mr. Manjunath had apparently communicated only to the tenants. This is to move away from the actual issue and to scare us. There is nothing legal the tenants can do.

 

4. The least that the tenants should have done is to come forward and apologized to everybody whom they hurt by yelling, shouting, screaming, and using filthy words, and also in general to the association, by appearing in person and also by an e-mail. That shows the ego levels on the part of the tenants.

 

5. My direct question to Mr. Manjunath: What are your thoughts on this subject?

 

6. In one of the general meetings, an issue was brought up about my tenants; I had since then brought that up to my tenants and asked them to behave or else they need to face the consequences; I had also informed the office bearers subsequently and asked them to tell if they still face those or other issues; I didn't get any response and it is about 2 months and so I assume things are alright now. The owner and the tenants have to always abide by the rules and regulations governing at any point of time.

 

My thoughts/queries related to other matters:

 

1. My suggestion is to have regular meeting of the core committee members and file minutes of meetings, which is necessary for audit compliance. Also, not just the minutes and signatures of the core committee members, but also the regular generic meetings with all the members of the association, when that happens (we should convene these as per the articles of the association, and document these along with the signatures of the attendees including the past meetings).

2. Do you have a copy of the articles of the association for purchase by the association members (in Kannada and English languages)?

 

3. We probably need to give a copy of the articles of the association to the tenants as well, so that they can't claim ignorance later.

 

4. There is a lot of anger flowing in many e-mails, and understandably so in this issue; but in general we can communicate and discuss issues instead of raising voice with anger - in meetings and in some e-mails I have noticed.

 

Regards,

Murali

 

From: Robinson Thomas <robin...@gmail.com>
To: Sachin biradar <sachin...@gmail.com>
Cc: GP Muthukrishnan <kris...@yahoo.com>; DSMSerenityBBlock <dsmseren...@googlegroups.com>
Sent: Sunday, August 11, 2013 10:19 PM
Subject: Re: Inconvenience caused by tenants of flat B-210 and notice for vacating

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Robinson Thomas
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[Pavan Pamarthi]

Dear Manjunath,

     Forwarding the mail chain to your ID (Just in case) If missed in our common group mail. Please proceed with our final decision of vacating the tenants.
       Our Association  is there with you and tenants can't do anything legally. As per the agreement also 2 months notice period is completed. No way they can resist you.

       DO ACT ASAP!!!!

Regards,

Pavan.

[Hanchala G Last Namemanjunatha]

Dear All

I am very much thankful to your support to me. I am aware successful operation of the association is not a joke. The success is achieved only with good support from all the owners / tenants. Please forgive me for the incident happened through my tenant on 26 May 2013 for which I apologize all the owners , I requested the tenant not to repeat such events in future. If any problem at any time, they will approach me only and not with association members. Therefore, I request all to ignore this issue for another 02 months that is up to 31^st October 2013, so that the lease period of 11 months is completed and I assure am fully responsible to vacate my tenant. You are aware that I am residing at Bijapur and frequently I can’t visit Bangalore to solve any legal problems, further, I don’t want to face any legal problems or other issues.

With great difficulty, I made this house for myself to stay after my retirement. I take this opportunity to request all owners for kind co-operation in this aspect.   I want peaceful stay of all owners and I pray the same.

Thank you

H G Manjunatha

9448290302

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From: Pavan Pamarthi <pava...@gmail.com>
To: "hanchalag...@yahoo.com" <hanchalag...@yahoo.com>; DSMSerenityBBlock <dsmseren...@googlegroups.com>
Sent: Monday, 12 August 2013 10:50 PM
Subject: Fwd: Inconvenience caused by tenants of flat B-210 and notice for vacating

[Srinivas Tarini]

Hi Manjunath,

Thanks for your communication. We appreciate your step towards the decision of association.

It seems you are very much confined to your tenants only. But as per the bye-laws, association can also proceed legally on the owner, as the owners are responsible for the actions of the tenants. Any how, we are not meant that, it just for your information.

We are pushing you so hard, because of the seriousness of that incident. Hope you understand. 

Please make sure it happen and keep posting us the updates if any. I hope it will not be a surprise after October, unlike that happened now.

One more request is, these mails should be within the association members only. Don't forward to your tenant as did last time.

Regards,

Srinivas for DS Max Serenity B Block Apartment Owners’ Welfare Association

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[DSMSerenityBBlock]

Dear Manjunath,

We want to know your update on this issue. It seems tenants are not yet vacated. Hope, you will stand your words.

Regards,

DS Max Serenity B Block Apartment Owners’ Welfare Association

On Wednesday, August 14, 2013 4:22:52 PM UTC+5:30, jithusrinivas wrote:

Hi Manjunath,

Thanks for your communication. We appreciate your step towards the decision of association.

It seems you are very much confined to your tenants only. But as per the bye-laws, association can also proceed legally on the owner, as the owners are responsible for the actions of the tenants. Any how, we are not meant that, it just for your information.

We are pushing you so hard, because of the seriousness of that incident. Hope you understand. 

Please make sure it happen and keep posting us the updates if any. I hope it will not be a surprise after October, unlike that happened now.

One more request is, these mails should be within the association members only. Don't forward to your tenant as did last time.

Regards,

Srinivas for DS Max Serenity B Block Apartment Owners’ Welfare Association

On Tue, Aug 13, 2013 at 11:00 PM, Hanchala G Last Namemanjunatha <hanchalag...@yahoo.com> wrote:

Dear All

I am very much thankful to your support to me. I am aware successful operation of the association is not a joke. The success is achieved only with good support from all the owners / tenants. Please forgive me for the incident happened through my tenant on 26 May 2013 for which I apologize all the owners , I requested the tenant not to repeat such events in future. If any problem at any time, they will approach me only and not with association members. Therefore, I request all to ignore this issue for another 02 months that is up to 31^st October 2013, so that the lease period of 11 months is completed and I assure am fully responsible to vacate my tenant. You are aware that I am residing at Bijapur and frequently I can’t visit Bangalore to solve any legal problems, further, I don’t want to face any legal problems or other issues.

With great difficulty, I made this house for myself to stay after my retirement. I take this opportunity to request all owners for kind co-operation in this aspect.   I want peaceful stay of all owners and I pray the same.

Thank you

H G Manjunatha

9448290302

---

From: Pavan Pamarthi <pava...@gmail.com>
To: "hanchalag...@yahoo.com" <hanchalag...@yahoo.com>; DSMSerenityBBlock <dsmserenitybblock@googlegroups.com>

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Robinson Thomas
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[Robinson Thomas]

Namaste Association members,

Could you please update whether the tenants of Flat 210 (Mr. Manjunath) have moved or not..

There is no reply to the above mail on 6th Nov 2013.

Jai Hind

Robinson Thomas