Fwd: [scapex] Sobha City Associations - RERA and KAOA - The Sub-Committee Conundrum
Ajit Naik
From: Ajit Naik <ajit....@gmail.com>
Date: Sat, 14 Sep 2019 at 06:31
Subject: Re: [scapex] Sobha City Associations - RERA and KAOA - The Sub-Committee Conundrum
To: sudhir pillai <sudhir...@gmail.com>
Dear ColonelThere is no communication that I have received from RERA about my hearing and hope your info is correct as it requires me to return to Bangalore prematurely!The statement at Sl 8 that buyers ‘may form KSRA 60 societies’ does not mean much. Yes they can. But for what purposes? CP4 owners too now have a regd society under KSRA60 that I have got formed! It is clear as we went through the regn process that such societies are not legal entities to undertake maintenance management of group housing systems like Sobha City or even of RERA recognised blocks like CP4. The purpose is Welfare!Thus your advice and direction to many in Sobha City is still missing the woods for the trees. There is a need to foster a clearer understanding about these aspects among the owner community even if some refuse to understand what’s being debated.You would recollect that in a meeting with Sobha Ltd in Jan 19 the question was raised by then Apex as to whether assns/societies in Sobha City, as created by diverse groups, can sue or be be sued. The answer given with Mr Ashok Kumar from Sobha Legal present was in the negative.. Why? In the form that the orgs existed then and exist today, with those diehard ksra60 fans, they aren’t legal entities for purposes such as maintenance management. The state fixes responsibilities on owners/assns for upkeep and management to norms as in various state acts, like the Lifts Act, or when say the CFO is renewed or even Fire and Emergency certification are (or should be obtained) on a recurring basis, or even when an OC is issued and continued regulatory oversight is imposed.In dispositions under the Societies Act, strangely responsibility and accountability lies with the ‘volunteer’ office bearers as individuals than with Assn or Society as a Juridical Person. A system where office bearers change around, manage systems through use of private email id or even WhatsApp as a means of management and decision support is strange, and needs correction for the longer term good.Thus if we are to use RERA for what it is intended then we must have structures correctly aligned... KSRA60 nor federation of societies will hardly serve the purpose and is best avoided. Thus your advice has been misleading. These were practices of the past when understanding was, and is, very poor, and we need to look ahead. The builders will succeed in their efforts at not conveying title of common areas if such understanding or even if KAOA is allowed to prevail in the post-RERA world. Else professional management of Sobha City will continue to elude.The RoCS is not insisting that buyers must form coop societies (or KAOA societies ) but as we seek RERA compliances, the State Govt is engaged with how to comply with RERA requirements as in Sec 17, 11(4)(f). This can only be through coop societies or a company with them being body corporates. You can continue to insist that KSRA 60 are also such entities with BCCI as an example but I suggest you read the Supreme Court judgement that has clarified on such aspects and has struck down judgements to the contrary.It is also for consideration that your advice to form KSRA60 societies and takeover maintenance as has happened across Sobha City is the reason why we find ourselves out on a limb with Sobha Ltd and us not being able to insist on important provisions as in Sec 11 (4) (d), (e) and (g). These are provisions that Apex especially must clearly understand. These were even stipulations in KOFA and are not any new impositions of RERA.Else our effort through the RERA Authorities would be another wasted effort.One actually needs to ponder on the question Gen Mammen is known to raise as to what benefits accrue from Rera that isn’t already being provided!In a visit with cp4 Allottees he asked me as to what do I mean by the term Allottee! I referred him to RERA Act and the Rules. On my next visit, I was happy to note that he has a copy of RERA on his table. Hopefully he and others who have to tangle with issues of management take the lead and read the Act, Rules and remain abreast with pathbreaking changes being adjudicated incl homebuyers status as financial creditors under IBC.It is my understanding that moves are afoot to come out with a draft KAOA 2019 to address RERA issues. We would need to read this draft well as, like in the case of RERA Rules, the draft for this has also been pushed by builders and organisations like CREDAI, as I hear.Regards--SudhirOn Fri, Sep 13, 2019 at 9:28 AM Mathew Thomas <mathew...@gmail.com> wrote:--Thursday, 12 Sep 2019
Hi All,
Please recall that I had informed you about the meeting scheduled for today with the RERA.
I had a very fruitful meeting with the Adjudicators of RERA today. All three Adjudicators were present along with other RERA officials, including the IAS member secretary.
Here is a very brief summary of the discussions, relevant to us. The Adjudicators stated / agreed that:
1. RERA is applicable whether the builders register the project or not as long as it is not complete. Completion is well defined.
2. Irrespective of builder registration, buyers have all rights and protections of the law.
3. As long as Completion Certificate has not been issued by the project sanctioning authority (BDA – in our case), builders will have to register the project under RERA.
4. Partial OC is invalid.
5. Explanation to Rule 4 of Karnataka Real Estate (R&D) Rules, 2017 are invalid and builders will not be allowed to use it as an escape route to avoid RERA registration
6. Every allottee has the right to be part of the buyers’ association. Registration of title (ownership) is NOT needed for exercising rights to be member of the association of buyers
7. Registrar of Co-operative Societies cannot insist on buyers forming cooperative societies.
8. Buyers may form KSRA societies.
9. Adjournments will not be allowed to be used as delaying tactics by builders.
The net effect is that RERA has informed all those present in the meeting that my views expressed many times over in various forums in Sobha City and Aristos are absolutely correct.
The discussions, decisions and views expressed in this and other such meetings would be available to all.
RERA has taken, and is taking, several steps to ensure speedy justice and effective implementation of its orders.
Hence, the actions taken by some associations to go back to existence as sub-committees, due to the unwarranted fear of the Registrar of Co-operative Societies, are unnecessary.
The hearing of the complaints of Apex, Sudhir and myself would be held on Thursday, 19 Sep 2019 at 3 PM.
Those interested and especially, any “doubting Thomas” among us are welcome to attend the hearings to come to know the facts at first hand.
It will prevent them from being fooled by the opinions and arguments, which are put out contrary to the correct legal position, such as, “Let’s take legal opinion from an advocate”, “Registrar of Co-operative Societies has written a letter that we should form KAOA societies” , “We have to follow government orders”, “Let’s wait for your case to be decided” etc.
You heard these said many times when there is no logical counter available.
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------- RAdm Sudhir Pillai GMail on iPhone
