Green Park Estate Feed Back - 13082012

[Eric Aligula]

Green Parkers

Good evening

A letter was written to Mavoko Municipal Council regarding the illegal structure in Hse 70 (copy is attached).

We have received a reply from the legal representatives of Mr. Martin Mutisya, Hse No. 70 (copy is attached).

Please advise on how you as resident's wish us to proceed.

Kind regards

Eric Aligula Magolo

Proudly Kenyan, Kenyan By Nature!

“In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility……….I welcome it.”

John F. Kennedy

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Columbia University President Lee Bollinger

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“Per aspera ad astra!”

[Eric Aligula]

Eric

We met.  Martin visited Angelica and was advised the structure was unacceptable.

We were to get the drawings by 3rd August 2012.  They never came.

We wrote the letter and received the lawyers response.

As far as I am aware, it is only Mavoko Municipal Council or GEMS Management which can enforce. Not even you on your own, absent a court order can demolish that structure. 

The other option we see is to sue Superior Homes (K) Ltd for breach of contract.

Kind regards

Eric Aligula

On Mon, Aug 13, 2012 at 6:37 PM, Eric Latiff <eric....@gmail.com> wrote:

Mr Chairman,

I thought the meeting had agreed that GEMS would first write to Martin indicating what provisions of the Deed of Covenant have been breached?

I am not sure how Mavoko would enforce the said Deed before GEMS has exhausted all the avenues provided to it under the Deed of Covenants.

In the meantime, I think it would be in bad faith for Mr Martin Mutisya to ignore recommendations of a meeting in which he was present. 

All said and done, one statement still resonates from the meeting: Status quo ante

--

[Eric Aligula]

On Mon, Aug 13, 2012 at 10:29 PM, Rogers Ndooli <rogers...@yahoo.co.uk> wrote:

Jambo Bwana Chairman,

      I tried sending this to everyone but I was unable to. As I try, this is what I think. 

      You are doing a good job. We have come from far and we can't loose sight of where we intend to be and where we have come from because of a few guys who just think about themselves. 

        About the nursery school, work was done in researching for a reputable body that we can entrust our children with. We are not going back on that. 

         Extra structures, the agreement signed on purchase is self explanatory. We do not need a learned friend to interpret it. 

          GEMS, we need to take charge. If they can let illegal structures to come up and they can't say anything in itself is not acceptable. We need to stop paying them the service charge. For the like minded residents we need to open up an account and pay our service charge to and run our own affairs. 

        Kama nimeongea vibaya pole. 

  Chairman you have my full support, very few people can volunteer to do a job and put in the effort you do. 

                  Rogers Ndooli

                     HSE 107. 

On Mon, Aug 13, 2012 at 6:29 PM, Eric Aligula <meal...@gmail.com> wrote:

--

[Eric Aligula]

Good morning Bwana Chair,

 

I trust that you are well and thank you for the great work that you and your able committee are and have been doing for the welfare of the Greenpark Estate.

 

Personally, I feel offended by this turn of events. When each one of us bought into the Greenpark lifestyle, we had a set of things that we were looking for; chief of which was getting away from the clutter and mess of the iuncontrolled developments within Nairobi and around the CBD. This therefore meant that we chose to sacrifice the conveniences of proximity to  Nairobi and move counties lieterally for the comforts that we could not get there.

 

I vividly remember during the meeting we had when Mr. Martin mentioned that he had no objection to the will of the residents and that there was no written approval for him to put up the structure he put up.

 

Long story short, if this thing has to go to court for us to arrive at the same decision, so be it. I mentioned earlier that I feel offended. Let me elaborate:

 

1. We all have a Deed of covenant that we were all required and expected to have read and understood before signing it. In effect therefore, ignorance of the stipulations of the same is no defense,

2. Runda could not have been what it is today without the by-laws (deed of covenants) that they strictly adhere to. I have it on good authority that they effected demolitions through court orders and that straightened out their residents. Those who were uncomfortable with the by-laws either had to move out or sell out,

3. We had a collective agreement and as such Mr. Martin is being disrespectful by going ahead to 'insist impunitively' through his legal counsel that we as residents, OUR Deed of Convenants and the Developer were all wrong.

 

I therefore support Eric Latif, STATUS QUO ANTE.

 

Please note that we allow this, we will have no moral authority to stop people even putting up rental houses on their land. In retrospect, the owner of the gate that was brought down last year for being the wrong height and not fitting into the design of the estate and not allowed for within the deed of covenants, can go ahead and walk to court and claim his gate back!

 

I am all for living in a serene environment but that does not mean that we do things that affect the wellbeing of our neighbours.

 

This is my two cents worth.

 

Kind Regards,

 

 

Anthony M Chacha

[Eric Aligula]

In total agreement with Rogers and Andrew, the solution appears to be to suspend payment of service charge (and water for those who still use it) until this matter of GEMS is sorted out.
As for those who do not have the integrity to stand by statements that they have made... the less said the better.
Thanks.
Stan 114

On 14 Aug 2012 15:52, "drize747" <driz...@yahoo.com> wrote:

Mr Chairman

First i would like to thank you for the good job you and your team are doing. I am very disturb by what i am seeing going on in the wonderful estate we call home. Iwasnt able to make it for the meeting but if bwana martin was told that this structure was illegal and he accepted why then go and tell his lawyer to write a letter. When we all came to see the show house and design and signed on the dotted line no gun was held against our heads. We did all this knowing what kindof lifestyle we were buying into. So for someone to come and say that theres not enough space or garage for him to store his things is being very unreasonable. Can i come and say my house is to small and i build another house or apartment at the back it would be selfish and rude especially after i have read and understood the rules of the estate.

So lets not beat around the bush being polite about this matter and give the gentleman a deadline to bring that structure down. If you walk round greenpark you will see people changing the look of the outside of the houses, and its not like we cant afford to do this ourselves but we know the rules so we dont.

So if you need us to go directly and talk to martin we can do so and read together with him what we signed into.

Am very offened that a lawyer can write to us and tell us we can do nothing to his client's illegal store. As for Angelica Rogers has a point we take over the company or seize paying service charge until we takeover.

Lets take off the gloves and say it as it is. WE ARE NOT ACCEPTING THIS STRUCTURES WHICH ARE NOT IN THE PLANS. If we dont put a stop to this now we will be sorry because who knows which other resident might be planning a project next.

Andrew hse fb015

Sent from Samsung tablet