Decision about Rules for the members not accepting any position on Management Committee

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Pradeep Talnikar

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Sep 9, 2023, 10:50:49 AM9/9/23
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Dear All,
Existing Management Committee conducted a meeting yesterday evening. Out of other invitees for the meeting, Mr. Krishnsagar Kulkarni also participated. Mr. Umbarge and Mr. Malay Samani couldn't attend due to unavoidable circumstances.

With effect from 01.10.23, new committee is due to be formed. As per the EOGM resolution of November 2022, the 3-years' Rotation system was adopted. As such, the owners of Flats no. 2, 6 & 9 are supposed to form the new committee. But all of them have expressed inability to assume any role on the committee. Owner of Flat no. 9 has informed that she will accept whatever decision the existing committee takes in this respect.

The participants discussed in detail the situation arising out of decline by these 3 members. The committee has unanimously decided to circulate to all the members, for their concurrence to adopt the Rules and then implement these Rules forever as follows: 

1) Members declining any role / participation, as per due rotation, on managing committee henceforth, shall have to contribute additional funds for 3 years towards the yearly expenses that society will have to incur for appointment of a manager on their behalf.

2) The other 3 members who will be  compelled to keep the committee functional, will get a Due Credit of no. of additional years of working as committee members in future, when their rotational turn gets due.

All the members,  other than existing committee members, are requested to confirm their concurrence before 17.09.23. Meanwhile, the existing committee members will search, enquire for the manager to appointed on behalf of owners of Flats no. 2, 6 and 9. The total amount  of expenses will be informed to all members once identified. 
Please note that each of the 9 members ( except the existing committee member) ought to reply to this mail before 17th. No extension is possible because the rules need to be implemented before Oct.23. Mr. Sagar, though you have agreed, please record it in reply to this mail. 
Regards 
Pradeep Talnikar 
On behalf of Management Committee 

UmanG N. Samani

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Sep 9, 2023, 11:29:35 AM9/9/23
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Query with an example :
After 3 years, let's say the new committee has to be formed of Mr. X, Mr. Y and Mr. Z.  and the appointed Manager charges 30,000 INR yearly.

If out of the the 3 committee members Mr. X will be actively participating but Mr. Y and Mr. Z are unable to participate, in this case I am assuming that the 30,000 INR fees has to be borne by 2 and not 3.

Kindly confirm. 
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Pradeep Talnikar

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Sep 11, 2023, 2:16:36 AM9/11/23
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The Managing Committee requires 3 members, not 2. 

Pradeep Talnikar
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On Sat, Sep 9, 2023 at 8:59 PM UmanG N. Samani <umang...@gmail.com> wrote:
Query with an example :
After 3 years, let's say the new committee has to be formed of Mr. X, Mr. Y and Mr. Z.  and the appointed Manager charges 30,000 INR yearly.

If out of the the 3 committee members Mr. X will be actively participating but Mr. Y and Mr. Z are unable to participate, in this case I am assuming that the 30,000 INR fees has to be borne by 2 and not 3.

Kindly confirm. 

On Saturday, 9 September 2023, Pradeep Talnikar <ptal...@gmail.com> wrote:
Dear All,
Existing Management Committee conducted a meeting yesterday evening. Out of other invitees for the meeting, Mr. Krishnsagar Kulkarni also participated. Mr. Umbarge and Mr. Malay Samani couldn't attend due to unavoidable circumstances.

With effect from 01.10.23, new committee is due to be formed. As per the EOGM resolution of November 2022, the 3-years' Rotation system was adopted. As such, the owners of Flats no. 2, 6 & 9 are supposed to form the new committee. But all of them have expressed inability to assume any role on the committee. Owner of Flat no. 9 has informed that she will accept whatever decision the existing committee takes in this respect.

The participants discussed in detail the situation arising out of decline by these 3 members. The committee has unanimously decided to circulate to all the members, for their concurrence to adopt the Rules and then implement these Rules forever as follows: 

1) Members declining any role / participation, as per due rotation, on managing committee henceforth, shall have to contribute additional funds for 3 years towards the yearly expenses that society will have to incur for appointment of a manager on their behalf.

2) The other 3 members who will be  compelled to keep the committee functional, will get a Due Credit of no. of additional years of working as committee members in future, when their rotational turn gets due.

All the members,  other than existing committee members, are requested to confirm their concurrence before 17.09.23. Meanwhile, the existing committee members will search, enquire for the manager to appointed on behalf of owners of Flats no. 2, 6 and 9. The total amount  of expenses will be informed to all members once identified. 
Please note that each of the 9 members ( except the existing committee member) ought to reply to this mail before 17th. No extension is possible because the rules need to be implemented before Oct.23. Mr. Sagar, though you have agreed, please record it in reply to this mail. 
Regards 
Pradeep Talnikar 
On behalf of Management Committee 

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UmanG N. Samani

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Sep 11, 2023, 6:58:54 AM9/11/23
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Sorry, but looks like you have not understood my question. 

I understand,  that the committee is of 3 member

How will the expense be shared is my question?
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Jayesh Rathore

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Sep 13, 2023, 7:29:18 AM9/13/23
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Umang,
In my opinion in such a case the charges will have to borne by the non-active members (whatever the number).
Also we should assume that the amount to be paid to society manager should get reduced as one of the members is active.

Jayesh
From: elitee...@googlegroups.com <elitee...@googlegroups.com> on behalf of UmanG N. Samani <umang...@gmail.com>
Sent: Saturday, September 9, 2023 8:59:33 PM
To: elitee...@googlegroups.com <elitee...@googlegroups.com>
Subject: Re: Elite Elegance : Decision about Rules for the members not accepting any position on Management Committee
 
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UmanG N. Samani

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Sep 13, 2023, 8:36:06 AM9/13/23
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Perfect. Even I think the same. Thought to get it clarified.

Thanks again.


On Wednesday, 13 September 2023, Jayesh Rathore <jaye...@hotmail.com> wrote:
Umang,
In my opinion in such a case the charges will have to borne by the non-active members (whatever the number).
Also we should assume that the amount to be paid to society manager should get reduced as one of the members is active.

Jayesh

Sent: Saturday, September 9, 2023 8:59:33 PM

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Pradeep Talnikar

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Sep 21, 2023, 9:09:03 AM9/21/23
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Dear All Members,

Please refer to the trailing mails. 

The Managing Committee discussed the matter about new committee formation by the owners of Flats. no. 2 (Mr.. Jhingran), No. 6 (Mr. Lakhote)  & no. 9 (Smt. Anagha Thakare-Widwans). We had requested these 3 members to respond to the respective decision taken by AGM held in Aug.23. The response was as follows:
1] Anagha madam informed that she is at Nagpur and no one is here to represent her. As such, she replied that she will follow / agree with the decision of the managing committee;
2] Jhingran Sir replied that he is to sell his flat and so he should be exempted from getting on the committee;
3] Mr. Lakhote did not reply to the email but he talked to Mr. Kishore Koppikar and myself and reiterated that he can not participate this year and he will be retiring on Sept. 24. As such, he will inform during  the AGM of Fy 24 about his ability to take up a role next year.

Against the backdrop of aforesaid responses by 3 members [whose turn was set to form the committee from 01-10-2023], the existing committee discussed the situation. Neither of the existing committee could identify any proper person to be engaged as Manager. One person identified by Mr. Tamboli told Mr. Koppikar that he charges 18000/- per month to Yuthika society. One person identified by Mr. Kedar said that he is not free to accept any such engagement. The committee's discussion concluded that--

1] The existing committee will continue its search. But, having understood the expectations of such managerial persons [working for other societies], the minimum remuneration of any such manager could range between Rs. 5000/- to Rs. 7000/- per month. Therefore, the committee now recommends all the members to pass a resolution that the aforesaid 3 members will contribute, as compensation, an amount of Rs. 20000/- each before 10-10-2023, the date till which the existing committee will continue working as it is. This contribution will be earmarked for managerial expenses which EEA will have to incur due to decline / absence of these 3 members for any functional role on the new committee to be formed from 11-10-2023. Thus this additional contribution from these 3 members will be utilisable for one year upto 30-09-2024. 
2] In view of the said situation, 3 other members are required to come forward and form the new committee as an interim arrangement for one year ahead. Discussions and consultations with other 2 members [ Mr. Umbarge & Mr. Krishnasagar Kulkarni] led to the committee's conclusion that Mr. Kedar Koppikar, Mr. Krishnasagar Kulkarni and Mr Pradeep Talnikar [as the proxy of Dr. Ravindra Kawde, owner of Flat No.8] are agreeable to form new committee for one year upto 30-09-2023 on the condition that EEA passes resolution for additional contribution to be paid @ Rs. 20000/- by each of the aforesaid 3 members [the owners of Flats. no.2, 6, & 9]. 


Thus, I request all the members to cast their individual votes for the proposed resolution that ---

"Owners of Flats no. 2 , 6, & 9 { respectively Mr. Jhingran, Mr. Lakhote & Smt. Angha } shall pay additional contribution of Rs. 20000/- each in lieu of their responsibility to play a functional role on the management committee for a period of 12 months from 11th Oct.2023 to 10th Oct. 2024"

Members are requested to consider this as a Circular Meeting for Circular Resolution and cast their votes before 30-09-2023 by way of reply to this email on EEA Group.

Request Mr. Kedar & Jayesh, being the existing Committee members, also to confirm their concurrence to this email circular resolution as discussed by us on 19th evening. 

Thanks & Regards

Pradeep Talnikar
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On Wed, Sep 13, 2023 at 6:06 PM UmanG N. Samani <umang...@gmail.com> wrote:
Perfect. Even I think the same. Thought to get it clarified.

Thanks again.

On Wednesday, 13 September 2023, Jayesh Rathore <jaye...@hotmail.com> wrote:
Umang,
In my opinion in such a case the charges will have to borne by the non-active members (whatever the number).
Also we should assume that the amount to be paid to society manager should get reduced as one of the members is active.

Jayesh

Sent: Saturday, September 9, 2023 8:59:33 PM

Subject: Re: Elite Elegance : Decision about Rules for the members not accepting any position on Management Committee
Query with an example :
After 3 years, let's say the new committee has to be formed of Mr. X, Mr. Y and Mr. Z.  and the appointed Manager charges 30,000 INR yearly.

If out of the the 3 committee members Mr. X will be actively participating but Mr. Y and Mr. Z are unable to participate, in this case I am assuming that the 30,000 INR fees has to be borne by 2 and not 3.

Kindly confirm. 

On Saturday, 9 September 2023, Pradeep Talnikar <ptal...@gmail.com> wrote:
Dear All,
Existing Management Committee conducted a meeting yesterday evening. Out of other invitees for the meeting, Mr. Krishnsagar Kulkarni also participated. Mr. Umbarge and Mr. Malay Samani couldn't attend due to unavoidable circumstances.

With effect from 01.10.23, new committee is due to be formed. As per the EOGM resolution of November 2022, the 3-years' Rotation system was adopted. As such, the owners of Flats no. 2, 6 & 9 are supposed to form the new committee. But all of them have expressed inability to assume any role on the committee. Owner of Flat no. 9 has informed that she will accept whatever decision the existing committee takes in this respect.

The participants discussed in detail the situation arising out of decline by these 3 members. The committee has unanimously decided to circulate to all the members, for their concurrence to adopt the Rules and then implement these Rules forever as follows: 

1) Members declining any role / participation, as per due rotation, on managing committee henceforth, shall have to contribute additional funds for 3 years towards the yearly expenses that society will have to incur for appointment of a manager on their behalf.

2) The other 3 members who will be  compelled to keep the committee functional, will get a Due Credit of no. of additional years of working as committee members in future, when their rotational turn gets due.

All the members,  other than existing committee members, are requested to confirm their concurrence before 17.09.23. Meanwhile, the existing committee members will search, enquire for the manager to appointed on behalf of owners of Flats no. 2, 6 and 9. The total amount  of expenses will be informed to all members once identified. 
Please note that each of the 9 members ( except the existing committee member) ought to reply to this mail before 17th. No extension is possible because the rules need to be implemented before Oct.23. Mr. Sagar, though you have agreed, please record it in reply to this mail. 
Regards 
Pradeep Talnikar 
On behalf of Management Committee 

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UmanG N. Samani

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Sep 21, 2023, 11:35:26 AM9/21/23
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As a member of the society, I should be casting the vote against the functioning of the Committee in the right manner. 

It should be the decision of the appointed committee to either contribute the money to get the job done or participate actively to get the job done.

Please document that the expense should be borne by the committee members who CANNOT actively contribute; as discussed in the above email.

With that said, I agree on the below resolution.

Sent: Saturday, September 9, 2023 8:59:33 PM

Subject: Re: Elite Elegance : Decision about Rules for the members not accepting any position on Management Committee
Query with an example :
After 3 years, let's say the new committee has to be formed of Mr. X, Mr. Y and Mr. Z.  and the appointed Manager charges 30,000 INR yearly.

If out of the the 3 committee members Mr. X will be actively participating but Mr. Y and Mr. Z are unable to participate, in this case I am assuming that the 30,000 INR fees has to be borne by 2 and not 3.

Kindly confirm. 

On Saturday, 9 September 2023, Pradeep Talnikar <ptal...@gmail.com> wrote:
Dear All,
Existing Management Committee conducted a meeting yesterday evening. Out of other invitees for the meeting, Mr. Krishnsagar Kulkarni also participated. Mr. Umbarge and Mr. Malay Samani couldn't attend due to unavoidable circumstances.

With effect from 01.10.23, new committee is due to be formed. As per the EOGM resolution of November 2022, the 3-years' Rotation system was adopted. As such, the owners of Flats no. 2, 6 & 9 are supposed to form the new committee. But all of them have expressed inability to assume any role on the committee. Owner of Flat no. 9 has informed that she will accept whatever decision the existing committee takes in this respect.

The participants discussed in detail the situation arising out of decline by these 3 members. The committee has unanimously decided to circulate to all the members, for their concurrence to adopt the Rules and then implement these Rules forever as follows: 

1) Members declining any role / participation, as per due rotation, on managing committee henceforth, shall have to contribute additional funds for 3 years towards the yearly expenses that society will have to incur for appointment of a manager on their behalf.

2) The other 3 members who will be  compelled to keep the committee functional, will get a Due Credit of no. of additional years of working as committee members in future, when their rotational turn gets due.

All the members,  other than existing committee members, are requested to confirm their concurrence before 17.09.23. Meanwhile, the existing committee members will search, enquire for the manager to appointed on behalf of owners of Flats no. 2, 6 and 9. The total amount  of expenses will be informed to all members once identified. 
Please note that each of the 9 members ( except the existing committee member) ought to reply to this mail before 17th. No extension is possible because the rules need to be implemented before Oct.23. Mr. Sagar, though you have agreed, please record it in reply to this mail. 
Regards 
Pradeep Talnikar 
On behalf of Management Committee 

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Anagha Vidwans

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Sep 22, 2023, 3:13:44 AM9/22/23
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To All concerned,

"I (Mrs. Anagha Vidwans, owner of Apt No. 9) am not able to come and  attend any meetings on health grounds and I am also in no position to pay any additional expenses or bear any costs as regards any new rules being made for appointment of a manager of a  condominium, however, I am appointing Mr. Hardik Behere as my representative to attend AGMs and EGMs or otherwise act as a committee member. Any decisions that specifically affects me or my rights or impacts me financially shall be taken with my consultation and confirmation vide email.

I would seek kind understanding and cooperation of all members in this regard.

Regards, 

Mrs. Anagha Vidwans"

Contact details  
Mr. Hardik Behere 

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Dhir Jhingran

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Sep 24, 2023, 12:49:09 PM9/24/23
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Dear Elite Society members

This is in response to the email below where I have been asked to pay Rs 20,000 since I have declined to join a managing committee position. My response is as follows:

1. As approved by the August 2023 AGM, I have already incurred an expenditure of Rs 20,000 for sprucing up the common areas in September 2023.
2. I am in the process of selling the house and the sale is likely to be completed shortly. In this situation it does not seem appropriate for me to take up any functional position for a few weeks. 
3. I will participate in any meeting of all members until the sale is complete. 

Also, it will be useful to know the provision in the bye laws that authorize the managing committee to impose penalties on 'non-occupant and outstation' members who are not in a position to take up functional position. 


I hope this clarifies my position. 

With best wishes
Dhir Jhingran 





Kedar Koppikar

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Sep 26, 2023, 3:52:18 AM9/26/23
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Voting for the motion proposed

Expense should be borne by the committee members who CANNOT actively contribute; as discussed in the above email.

Kedar

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Anagha Vidwans

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Sep 26, 2023, 5:28:59 AM9/26/23
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Sir , 
You did not go through my reply . I , Anagha Vidwans flat No.9 have put forward my tenant Mr Hardik Behere to preside over the committee meetings on my behalf . So , I think this will solve the problem.
Thanks & Regards
Anagha Vidwans 
Flat No.9 
Elite Elegance,  Pune.

On Sat, 9 Sep, 2023, 20:20 Pradeep Talnikar, <ptal...@gmail.com> wrote:
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Krishnasagar Kulkarni

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Sep 26, 2023, 6:35:12 AM9/26/23
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My vote is in the favour of motion proposed.

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Ameer Tamboli

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Sep 27, 2023, 4:00:27 PM9/27/23
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Hi all,

I am fine with the proposal. My suggestion is: if the committee will get the support of appointed manager so the committee’s tenure should be considered as half.

Regards,
Ameer Tamboli

Jayesh Rathore

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Sep 28, 2023, 2:40:35 AM9/28/23
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My vote is in favour of motion proposed.
From: elitee...@googlegroups.com <elitee...@googlegroups.com> on behalf of Pradeep Talnikar <ptal...@gmail.com>
Sent: Thursday, September 21, 2023 6:38:24 PM

Devidas Umbarge

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Sep 28, 2023, 2:51:22 AM9/28/23
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Dear All members
In my opinion in such a case the charges will have to borne by the non-active members

Thanks

Sent from my iPhone

Rahul Patil

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Sep 28, 2023, 8:56:29 AM9/28/23
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I suggest that we simply outsource that and divide the expense among all of the members.
Rather than choosing who is active and inactive each year. That causes unneeded friction.

This is just my viewpoint, and I accept whatsoever course everyone takes.



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Pradeep Talnikar

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Sep 29, 2023, 4:24:39 AM9/29/23
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MR. RAHUL,
DO YOU SUGGEST THAT SIGNING AUTHORITY FOR BANK TRANSACTIONS ALSO BE GIVEN TO THE OUTSIDERS ? APPOINTING AN OUTSIDER MANAGER WITH ALL POWERS AS A SINGLE MEMBER COMMITTEE IS RISKY AND SO NOT ACCEPTABLE. 

REQUEST YOU TO BE CLEAR IN CASTING VOTE--- EITHER SAY YES OR SAY NO--- IT IS YOUR CHOICE. 
WE NEED TO COUNT VOTES WHILE YOUR DUAL VIEW AND VAGUE REPLY IS NOT LEGALLY CONSIDERABLE AS A VOTE.

PLEASE REPLY CLEARLY AND QUICKLY. 

Regards 

Pradeep Talnikar
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Ravindra Kawade

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Sep 30, 2023, 3:47:38 AM9/30/23
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I am in favour of the resolution. Please consider my vote in favour of the resolution.

Thank you,

DR.RAVINDRA KAWADE 

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atul lakhote

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Oct 3, 2023, 5:24:56 AM10/3/23
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My vote is in favour of the resolution

Atul Lakhote


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Rahul Patil

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Oct 3, 2023, 10:20:37 AM10/3/23
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I suggest that we outsource that and divide the expense among all of the members.
I don't see any major risks in granting someone signing authority. We can maintain that with someone internally if that is the sole issue.



Pradeep Talnikar

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Oct 3, 2023, 10:47:45 PM10/3/23
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Why the resident members who are working since so many years should be burdened ? Even your father, despite his health issues, worked on committee and cooperated nicely. There are many members who never worked. In fact Mr. Deshpande and Mr Agarwal sold the flats and skipped working on committee under the pretext of health grounds.  Your suggestion that all members should bear the burden absolutely not acceptable. When your turn comes in future, you may authorize outsider to sign bank cheques solely at your risk. 

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