FW: MOM of 5Th May GBM
Aparajito Mukherjee
Dear all,
Good to see detailed minutes. Must compliment Reeta for the effort.
However, a lot of the points made here I am completely unaware of in spite of them pertaining to key issues being discussed in the transition committee meetings, like outsourcing of billing, etc. I thought that in the last discussion we had decided that the account would be made in the same bank and AOA MC has passed the resolution accordingly , Sachin had confirmed computer at 10000/- already identified, data can be taken for only towers 14-19 from the DOD but we needed to validate for the rest, at the GBM it was mentioned that we have a standby service provider which I am unaware of, etc. There seems to be multiple discrepancies in terms of my understanding. I might be the only one though. So let’s take these up in the next meeting so that we are all on the same page.
Warm regards,
Jito
From: the-close-south...@googlegroups.com [mailto:the-close-south...@googlegroups.com] On Behalf Of reeta bhukar
Sent: Wednesday, 8 May 2013 1:20 PM
To: the-close-south...@googlegroups.com
Subject: MOM of 5Th May GBM
Dear Residents,
Thanks for being part of the GBM. The GBM was also attended by our lawyer Pooja Aganpal and she answered Residents questions.
The GBM lasted for about 3.5 hours in got kicked off by General Secretary Reeta and then President Sachin started to brief the Residents of the past and spoke about where we are. The following was discussed (not particularly in the order in which discussed)…
1. We need to levy Service Tax on CAM charges bill as the collection in TCS last year was over 10 Lakh rupees from various activities such as external parties advertising in TCS, cultural activities, trainers collection etc. There is no service tax levied for services provided by AOA to residents such as entrance tickets to cultural events within TCS, library, club charges etc.
2. Sachin explained that the Infrastructure is in place to do the billing
- We have AOA office in place in the Club
- We are looking to hire a Estate Manager to help us with the activities
- Finance committee has been formed consisting of 5 members that will approve bills, vendors selection process and to bring transparency
- That we know have the data which is about 98% accurate to do the billing for CAM charges. This data was taken from the Deed of Declaration filed for Towers 14 - 19 by Unitech
- A separate Bank account will be opened for the CAM charges in a physical separate Bank than HDFC in which we have our current account. This account will be opened in the Axis Bank in the name of The Close South Maintenance Account
- Sachin stated that Finance Committee will ensure that the Bank statement will be sent to the Google Group for this account on a monthly basis to bring transparency
- Saurabh asked a questions in regards to how the bills will be send to Owners that are not residing in TCS. Aviral stated that this data is not accurately available with Unitech as well. Sachin stated that Unitech only delivers bills to the Apartments and not to Owners. Our Lawyer stated that it is Owners responsibility to get the bills collected and not of AOA. AOA should follow the same process as followed by Unitech currently. Sachin also stated that over a period of last one year AOA has been able to collect that data on non-residents owners and we also have few of them as a part of the Google Group.
- The Google group has 419 members and is growing on a daily basis
- We have started to look for computer, printer, software etc. to get ready for printing of bills
- One of the option being considered is to outsource the billing activity
- Sachin also explained why he and others have not paid the previous CAM charges to Unitech. He explained that he has spoken to over 10 people and they all have unresolved issues with Unitech. He also stated that AOA has offered to Unitech on multiple occasions that they are willing to sit with them and residents to amicably get the issues resolved
- Someone had asked how will AOA collect these charges when Unitech is not able to. Sachin answered by stating that the various acts such as HRRA 2012 and Haryana Apartment Ownership Act gives significantly more powers to AOA than Builders. AOA can disconnect services but Unitech can't on non-payment of charges.
3. Sachin brought up an issue around Occupation certificate stating the following….
- There was a recent letter issued by STP (sent on Google Group by Sachin) in which STP has directed 37 builders to transition maintenance within 30 days to AOA. Unitech was listed as a party on the letter
- Sachin stated that TCN has agreed to do the transition of 10 Towers by May 15 and the rest will be done by June 30. STP has asked Unitech to get Occupation certificate for all Towers in TCN and complete transition by June 30th for the complete complex. This was later confirmed by our Lawyer as well.
- Unitech has stated that for TCS they have Occupation certificate for Tower 14-19 and part occupation certificate for Towers 4-12 and were willing to transition Towers 14 -19 to AOA
- Transition committee has met with Unitech and has sent multiple emails and letters asking them for the following on the advice of GBM
I. Statement of accounts
II. That we would like to get the complete handover of all Towers and not in part. Unitech objected to this and has stated that they could only transition Towers with occupation certificate to which Sachin has mentioned to Unitech that they transitioned Unitech Spa even though they still do not have Occupation Certificate for all Towers and this was done under the directive of STP. Our Lawyer who is also the Lawyer of Unitech Spa has confirmed this
III. We have stated to them that they will need to fix all Project issues and complete the Project. Our Lawyer explained that if Unitech does not complete the Project, there license could be canceled and Government will take over the Project will get it completed in a defined timeframe
IV. That we would like to get our IFMS collectively as the whole society
- Sachin also explained that Unitech can't provide occupation unless it has received Occupation certificate. Our Lawyer validated this and stated that it is criminal activity
- Sachin also explained that Unitech does not have a right to collect CAM charges if Occupation certificate has not been received which means Unitech can't charge maintenance to residents in Towers 4-12
4. Sachin also stated that AOA has been trying to work with Unitech amicably but has not been able to reach anywhere.
5. Saurabh had asked why not send legal notice to Unitech and/ or meet with STP. Sachin stated that we are working with Lawyers to define next steps. Lawyer stated that she is working on a legal notice which will be sent to Unitech. Jairaj stated that the notice should be shared with residents. Sachin confirmed that it will be shared once it is sent to Unitech.
6. There was a discussion around Service Tax. Even if AOA raises bill and the collection is more than 10 lakh, we are liable to pay service tax. Even if AOA don't charge service tax and raise bill, it becomes liability and AOA have to pay service tax
7. The discussion happened around the collection of CAM charges… There 2 ways of doing this..
- Raising the CAM bills to the residents, which has service tax liability of 13.36%. Once these bills are raised the AOA will have to pay the Service Tax for all bills raised whether the collection happens or not. If not paid, this amount will attract interest and penalties
- Sending a demand letter to the residents for the collection of CAM charges as done in TCN, Legend and other Societies that are going through a similar transition. Our Lawyer suggested to follow this
- There was also a conversation around a point that Mr. Vohra raised around the possibility of double Service Tax charges in case Unitech and AOA both raises the bills. This is true. AOA on the suggestion of our Lawyer has stated to Unitech to not raise bills but to send the bill to AOA for Services provided
- It was unanimously resolved that..
I. Resident who have not paid the CAM charges for this quarter to Unitech should pay to AOA. Our Lawyer is going to send us a draft letter that Residents should send to Maintenance Office if they get asked for the Maintenance Charges for this quarter
II. AOA will write to Unitech to get details of those residents who have already paid for this quarter.
III. All residents are request to pay the Maintenance Charges to only AOA starting from July 2013. A Demand Note will be raised by AOA for this.
IV. For the quarter starting October 2013, AOA will raise bills to collect CAM (Common Area Maintenance) charges
V. AOA will send a legal notice to Unitech to raise bill to AOA for the services they render as a service provider and not as builder from 1st July 2013.
8. Sachin mentioned that the maintenance quality has been going down. Unitech has reduced housekeeping staff from 45 to 20. It was asked whether AOA was capable to handle the maintenance? It was stated that AOA does not have the capability or desire to do the maintenance themselves. They will get a professional company to run the maintenance.
9. It was also stated that Occupation certificate can't be issued without having solar equipment and fire equipment's not working. In TCS for Tower 14 - 19 the occupancy certificates are issued but equipment does not work. This was also validated by the Consultants that were hired.
10. An update was given on the case. Sachin spoke about RTI that he has filed to get information on various certification and rules. He talked about how the EWS information was gathered and the case compiled. The next case hearing is on May 13th and we are required to file list of issues on that day.
11. Conversation around maintenance money due to Unitech happened. It was explained by Sachin why he did not pay. A resident mentioned that there WC broke when the person sat on it.
12. It was explained that the maintenance conversation started when Unitech sent an email to raise the maintenance charges by 25%. From rupees 2.00 per sq. ft. to 2.50 per sq. ft. In the same email Unitech also mentioned that the maintenance of this society can run for Rs. 1.11 per sq. ft.
13. The Lawyer was asked her opinion on the AOA membership fees. She stated that she would send that to her in writing. AOA will circulate this as soon as we get it
14. It was also requested that AOA send meeting minutes of all formal meetings with Unitech to all residents.
15. As requested we are putting together a list of FAQ which will be shared soon. Please send any questions that you have to Sachin or AOA member and we will add those to FAQ as well.
The following was resolved and agreed to in the GBM….
1. The following was resolved for CAM charges…
- Resident who have not paid the CAM charges for this quarter to Unitech should pay to AOA. Our Lawyer is going to send us a draft letter that Residents should send to Maintenance Office/ Unitech if they get asked for the Maintenance Charges for this quarter
- AOA will write to Unitech to get details of those residents who have already paid for this quarter.
- All residents are requested to pay the Maintenance Charges to only AOA starting from July 2013. A Demand Note will be raised by AOA for this.
- For the quarter starting October 2013, AOA will raise bills to collect CAM (Common Area Maintenance) charges
- AOA will send a legal notice to Unitech to raise bill to AOA for the services they render as a service provider and not as builder from 1st July 2013
2. CAM funds….
- That AOA will open a separate bank account in the name of 'The Close South Maintenance Account’ in a separate Bank other than HDFC in which we have the current AOA account. The CAM funds will be deposited in this new account.
- These funds will be used for the following activity:
I. To pay Unitech for the service they render as service provider and not as a builder
II. To pay vendors/ employees in case Unitech decides to walks out.
III. For anything else AOA would seek guidance from GBM
c. The bank statement of this account will be published to the residents on a monthly basis
3. It was also agreed that we should take over the maintenance for which our Lawyer will send legal notice to Unitech and/or approach STP to take this forward
4. Our Lawyer will draft a legal notice to send to Unitech outlining that Unitech needs to stop billing Residents (from July 2013) for CAM charges and to send a bill to AOA as service provider. Also stating that they need to transition the maintenance of the complete complex to us and to ask for occupation certificates for Towers to which they have given possession
Regards,
Reeta Bhukar
General Secretary
TCS
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AMIT ARORA
I agree Jito.
Let us discuss it on Sunday. Availability of alternate service provider is a surprise. I do not remember having discussed that ever.
Regards
Amit Arora
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Sachin Gupta
Folks,
Just a reminder. We have our case due for 13th and I am not going to be in Town.
Pooja wants to meet us on Sunday and I am going to ask them to join at 9:00 Am unless someone has an issue.
Thanks
Sachin
Maniesh Kulshrestha
We have interviews of 5 candidates lined up for Sunday as well. Intending to start at 9am.