About Us101130KatchKV52.mhtml 5.doc Upload History: 081128 081126 081113 081111 081105 081030 You may want to contribute to these pages –if so please write to kvaoa at dataone dot in While every effort has been made to transfer files error free, this site cannot assume responsibility for corruptions primary or secondary. In case of doubt, kindly consult hard copy originals available in the brick & mortar offices KATCHING UP WITH KENDRIYA VIHARA 28 Nov 2008 Fri 2200/26 Nov 2008 Wed/ 13 Nov 2008 Thu 2100 /11 Nov 2008 Tue/ 05 Nov 2008 /30 Oct 2008 / 28 Oct 2008 In this edition : 081127Newsletter ß NEW : Feedback from Members of KVAOA on AGM-7 Minutes – II Constitution of Maintenance Fee Structure Committee [MFS] : Feedback from Members of KVAOA on AGM-7 Minutes – I : Minutes of the AGM-7 of 28 Sep 08 : Revised Maintenance Charges effective 01 Oct 2008 : Suddenly it is Diwali time
081128newsletter 081028NewsLetter
Dear Members & Residents ::::::NEWSLETTER 28 Nov 2008
1 A Committee to relook at the structure for the maintenance charges has been constituted. It has started its work presided over by Mr A Ranganathan [C7/473] and had so far three sittings
2 Earlier we had requested all the members to send their profiles indicating the Flat no, ownership, resident status, details of the tenant if let out, ownership/make/registration/KVAOA tokens if obtained, of the first, second,.. vehicles parked within the KV campus. We thank all the five members and two tenants who have forwarded the details to us and urge others to send their data immediately
3 We have received four suggestions for byelaw revisions – if you have not posted yours please do so urgently, so that we can collate the data and call for an SGM forthwith
4 As you may have noticed we are publishing the
consumption data [on common power & water, block-wise] and
posting the same on the web here à
6 All the vehicles parked bumper to bumper – in the States they call that the Thanksgiving Day Weekend – in Bengaluru it has a different appellation, Old Madras Road – any time of the day
Narayanamoorthy T Secretary
Feedback from Members on the AGM-7 Minutes -- II
081111CommentAGM7Rev1
To The President, KVAOA : 10 Nov 2008
Dear Sir ::: Reference to the circulated AGM-7 minutes, para 4 :-
4. Shri XXXYYYZZZ raised a point of order regarding the eligibility of the present MC to conduct the AGM and the President to Chair the meeting. This was seconded by Shri PPPQQQRRR. Several members opposed the point of order. The point of the order was over ruled by the President as by convention and by the byelaws of the Association, the present MC continues till the new MC takes over after the elections carried out during the AGM.…
As the point of order was raised, a lone hand came up that wanted to speak on the subject. The "assumed Chairman" outshouted [for want of a better language] everybody, thanks to the Public Address System and the excellent acoustics of the CC Hall, and trounced any debate. Now we are to understand he was merely over ruling the point of order. The point of order was thus not discussed for reasons best known to the MC. Given the following, It is believed the MC didn’t want to raise the issue in the AGM. We intend to place herein a debate otherwise lost to posterity
Can the "assumed Chairman of the AGM7" over rule the point of order?
We are afraid, no. The minutes so issued by an ineligible Chairman have to be therefore withdrawn from circulation
Here are then our objections :-
1 The life of the MC and a date for AGM :
The bye laws [vintage 2005] are not flexible in this respect. There are three different places, amongst the ByeLaws, in which the term of the MC and scheduling of AGM and elections are mentioned and these can be interpreted only uniquely and not in not so many different ways
What is important is the ground reality. The ByeLaws observe as follows -- all emphasis is ours :
The three references within the ByeLaws of the Constitution of KVAOA :
Page 5 : Chapter III . 4 The term of the MC shall be for a period of two years
Page 7 : Chapter IV . 2 Election year will be on completion of every two years
Page 8 : Chapter V . 1 Election shall be held at least 15 days prior to the completion of the term of existing committee once in every two financial years
Unfortunately there is no sanction from the Byelaws, for the MC to act beyond its term of the stipulated two years. Election ought to have taken place fifteen days prior to the completion of the term of the existing Committee. It has however been minuted, arbitrarily without any argument put forward to that effect, at the AGM-7 proper, that precedent, conventions, practical aspects of calling and conducting the AGM, passing of accounts, administrative and other conveniences -- are important. The outgoing MC ought to have apprised the AGM of its unpleasant embarrassment and sought forbearance. This was not attempted -- instead the "assumed Chairman of the AGM7" determined to over rule the point of order
2 There were other things, besides that :
on which the outgoing MC didn’t want to take a call, presumably. If the passing of the accounts were so vital why were the following directives of the ByeLaws ignored? The ByeLaws themselves observe as follows :
Page 13: Chapter VII : 16 The Association shall on or before 31-st May in each year publish an audited annual financial statement containing the following information for the preceding financial year, which shall be mailed to each owner, along with the Notice of AGM.
In the event the audited annual financial statement cannot be so mailed, the reason for the delay shall have been so stated by the President, and concurrence sought
Page 14 : Chapter VII : 17 Audit : [a] The audited financial statement shall be open to the inspection of all members of the association during the office hours and in the office of the association and a copy thereof shall be submitted to the competent authority not later than 15-th August every year.
In the event the audited annual financial statement cannot be so submitted, the reason for the delay shall be so stated by the President, and concurrence sought
3 Understood, there may have been other compulsions
for the outgoing MC. If only it had admitted squarely its discomfort, the AGM may have condoned the lapses. Instead it chose to over rule. In our opinion The Annual General body Meeting should have been first apprised of the embarrassment of the MC and the AGM requested to next elect a pro tempore Chairman for conducting the AGM-7 business. Had this been done the AGM also would have been happier and maybe who knows, it could have elected the very same "lately assumed Chairman of the AGM7" for leading and conducting all the business thereof. The principles and the spirit of the bye laws would not been violated. This stance [of fixing 28 Sep 2008 for AGM and election] could have been ordained as perfectly legal. The MC need not have rejected the contention of Shri XXXYYYZZZ and not refrained from putting up the matter to AGM.
In effect, the reputation of the KVAOA would have remained unassailable
Yours sincerely
SC PAL, 47 KV, 10 Nov 2008 CK GOPALAN, D-6/66. 11 Nov 2008
Recording of the minutes should have been objective : Dr AR ACHARYA 11 Nov 2008
To The President, KVAOA, Kendriya Vihar, Bangalore 560064 11 - Nov - 08 Sub: Minutes of the KVAOA-7th AGM held on September 28, 2008—regarding the recording of MOM This has reference to the above minutes. I have following comments: 1. The recordings should have been more objective and issue based than narrations personal views of some members and personal insinuations. Every member of the GB has his right to put forward his view and it is the responsibility of the Chairman that the members are enabled to put forward their views and not to suppress them or allow only convenient comments to be put forward. However recordings should have been proper and consistent and in accordance with the provisions in byelaw. The present minutes suffers in this regard. 2. Many of the important recordings are missed like “Question was raised about the expenditure of the past six months - April – Sept 08” for which deficit budget was presented. The MC did not have the details not even as of August 08. The reconciliation of the accounts for the period indicates expenditure over run of more than Rs 7 lakhs, i.e. more than 20% of budgeted income for the period. MC has misled the AGM in appropriating that money under reserve fund, excess collection on water -- kept separately with a specific intention. So much so for the prudent financial management, that MC was not even aware of this order of cost over run. 3. Inconsistent recordings Under Para 11 and under item 18 --annexure 6, which further is against the bye law about mode of recovery of additional resource to meet the deficit. By not even proposing the balancing of the deficit and inappropriate recordings, the outgoing committee has done great damage to the system. 4. The outgoing MC does not have any right to impose conditions to the new MC as to how the new MC should function. Certain recordings are against the byelaw. It is obligatory that entire society as an organization should function in accordance with the bye law, and even AGM is bound by the Byelaw, except that AGM has the right to call for a change in Byelaw, when so warranted, and adopt it in accordance with the byelaw. So all the recordings in the minutes which are not according to the bye law have no relevance are not to be considered as the stipulations of AGM. Even AGM cannot pass a resolution which is not according to the byelaw unless byelaw itself is modified in accordance with the procedure. While forming a committee to study the maintenance charge model is as per byelaw, AGM cannot take the function of stipulating recovery of maintenance charge, without first making an alternate provision. So remarks under annexure 6 are arbitrary and to be deleted 5. There was no mention that President ordered Shri K Pappachen to sit down and not to continue with his views which he was expressing peacefully. It may be certainly uncomfortable to MC or the Chair to listen. But this should have been allowed to be presented for the information of the GB. 6. Present minutes has been recorded conveniently in support of the actions taken by the previous MC, missing out and distorting important facts. On no issues (except on membership if maintenance charges committee and return of Rs100 collected /stopped arbitrarily) voting was taken, so the recordings can be considered only as the views of some members and not of the general body. As such only a few have been talking and many have been silent listeners. Each and every view should have been voted, to be recorded as the decision of the General Body. There are many such issues. 7. As a member of the general body I request that the minutes be redrafted and properly recorded. Any issue against the byelaw cannot be the decisions but views of the members. Lastly, every member of the GB
has a role in the functioning of the association as provided in the byelaw, the
various offices should enable the proper functioning. In this case the outgoing
MC has attempted to suppress arbitrarily the right of members in performing
their duty. This attitude of outgoing MC is deplorable.
081103MFS
KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION ® (Reg No.514/2002-03) Office : Community Centre, Kendriya Vihar, Yelahanka P.O. Bellary Road, Bangalore 560064 E mail kvaoaynk@dataone.in Phone 080 2293 0000
KV/MC/AGM/ 01 November 2008
Sub: Committee to re-look the Maintenance Fee Structure [MFS] - for apartments in various blocks in KV Bangalore -- Constitution -- regarding
The present model adopted to charge the cost services in KV was decided in 2002-2003. During the past four years changes have occurred in the heads of services and the corresponding costs / expenditures. Also there have been suggestions put forward by the members about the need for a re-look on various aspects of the cost model. In the last AGM held on 28th September 2008, a resolution was passed by the General Body -- based on the feed back of many members -- to have a detailed study on the costing of various services provided in KV, recoveries of power/water consumption & costing model and to suggest changes in recovery of expenses from the residents – to be put up for consideration by MC and for ratification in a specifically arranged SGM.
The Managing Committee, while discussing the issue suggested that :-
* The costing should be consistent with the Karnataka Societies Act
* The various cost heads / elements and services enjoyed by / provided to each block are identified into fixed costs and variable costs
* All services are equitably chargeable for each block as a unit depending strictly on service provided.
* To study the current data on variable costs and on share of expenses on the services provided, vis a vis that reimbursed by the various blocks
* A simple model for recovering variable block wise expenses, like those of the water and power consumption based on actual monthly utilization be suggested
* The Committee may obtain feed back from the experts, members of KVAOA in addition, to the suggestions already received and study the costing models of similar other establishments
* Yearly cost escalation in the costing model and criteria for periodic revision of the cost be provided for
* Recovery methods and the apportionment towards the Reserve Fund be indicated
* Creation of the Replacement Renewal Fund to renew the facilities for expected renewals in next 10 years based on depreciation model and to subscribe to this fund be provided for
* A consensus proposal from all blocks on appropriate changes be compiled, discussed and recommended
The following MFS Committee is constituted on the recommendations of AGM :-
1 Karunakaran Nair K Mr A1- 418 6695 5828 2 Satish Nair Mr A1- 400 99 455 88332
3 Krishnamurthy HT Mr B2 - 269 2293 0269 4 Chandrashekar Mr B2 - 270 2856 3839
5 Santhanam MK Mr B3 – 217 99 862 78319 6 Girija Venugopal Ms B3 – 216 98 458 04541
7 Promod Naik Mr B4 – 298 2846 3809 8 Venugopal SN Dr B4 – 325 2856 7037
9 Raghavendra G Mr D5 – 137 2846 1110 10 Nagarajan S Mr D5 – 140 2846 1126
11 Gopal V Mr D6 – 27 2293 0027 12 Gopalan CK Mr D6 – 66 98 802 01172, 2856 1006
13 Sasikumar T Mr C7 - 504 2856 6218 14 Ranganathan A Mr C7- 473 2856 8284
15 Ramalingaiah P Mr C8 – 533 93 419 74997, 2856 0447 16 Kalmath JP Mr C8 - 578 99 456 55987, 2846 3630
As decided in the AGM the MFS committee shall elect its Chairman and Convenor. The office bearers of KVAOA-MC – namely the President, the Vice President, the Secretary, the Joint Secretary and the Treasurer/ shall be ex officio Members.
The committee is requested to complete its work by end December 2008 for a discussion in the SGM to be held later, by end January 2009, for ratification, and implementation.
Thanking for your support and with best wishes
Sincerely
Dr A R Acharya , President
To : Members of the MFS Committee/All members of KVAOA ===================================================== 081105Feedback
Feedback from Members on the AGM-7 Minutes
Note from Ex Treasurer – Padmanabha Iyer S Mr : 03 Nov 2008
The minutes of a forum, such as that of AGM ought to have reflected faithfully the substantive issues discussed as per agenda and the decisions arrived at thereon. As it is, the forum has been blatantly misused to settle personal scores with the Ex Treasurer. Apart from the discussion on Budget and Accounts, LTRI, Maintenance Charges etc, considerable space has been devoted and conscious attempt made to malign the former Treasurer by the Ex President and Secretary. It was unbecoming of the offices, they held, to go on a witch hunt even after the Ex President had made a detailed statement on my resignation justifying his stand. While not going into the merits of the defence put up by the Ex President at this stage, which itself is debatable, I would like to ask why the core issues raised by me in my resignation letter were not allowed to be discussed as demanded by a section of the members, instead of discussing the person involved. It is unheard of even in a dictatorship, that a person's conduct is allowed to be discussed and his character assassinated in his absence in a public forum, without him being heard. That the entire motivated operation was pre-planned is crystal clear from the fact that at the very fag end of the meeting without any rhyme or reason, a member of the former MC was allowed to reopen the entire issue with a view to mounting a renewed attack on the Treasurer as if to complete the vendetta!
Since certain specific charges were made against me in the AGM in my absence, natural justice demands that I be allowed to state my position.
Firstly, was it a crime for any member to resign from MC? I resigned clearly stating the reasons which were based on certain principles and to uphold probity in public office. I believed it was in the larger interests of the Association though it turned out to be personal ignominy at the hands of the Ex President and Secretary without my having any personal interests to be served.
Secondly, a member resigns for whatever reasons and the resignation is accepted. Why did not the matter end there as with any other resignation? I resigned on the 1-st March 2008. And my resignation letter comes out in the open after six months, when I was out of the Country. Was it not pre-planned to appear nearer to the AGM in September 2008, so as to settle personal scores with me?
Thirdly the allegation that I acted irresponsibly while leaving charge of the honorary post of Treasurer is baseless. Even though I was forced to resign under compelling circumstances brought about by the former MC, I saw to it the relevant books were updated and authenticated as on 29 02 2008 i.e. the date prior to my resignation.
Fourthly the minutes accuse me of absenting from the AGM. Presence of a member can not be ordered and the absence could be due to any reason from disease to death. Why was it made an issue when 494 other members were absent? And what has it to do with my election to the MC? How does the minutes say "I got myself nominated to the MC" which is an affront to the General Body which only can elect a member to the MC?
Finally as for the core issues raised in my resignation letter and which were not allowed to be discussed in the AGM, instances can be recounted to substantiate my contentions though this is not the place for such an exercise. All the same I will only be more than willing to co-operate as the Ex Treasurer, if the newly elected MC would like to re-visit in this direction.
Irresponsible and incorrect recording of the Minutes of the AGM held on 28-09-08: K.J.Pappachen Mr : 30 Oct 2008
1 It is a matter of deep regret to point out that the Minutes have been recorded in a partisan and distorted manner for the facts given below and it has to be corrected/modified before it is circulated or my observations also should be attached along with the Minutes so as to enable other members to form their own opinion on this matter.
2 Para 4: The term of the MC of which Mr. Narayanan was the President was over on 10-09-2008 and as such he ceased to be the President from 11-09-2008. As per legal opinion dated 22-09-2008 ( annexure-1) the AGM should be presided by any member, including Mr. Narayanan, elected by the AGM. He could chair the AGM as he got the majority support of the members of the AGM. The recording that the President overruled the point of order is factually incorrect requiring correction as the Bye-Laws do not give him such authority . Besides the Bye-Law does not have provision that permits the management committee to function beyond its term. In fact the Bye-Law mandates that the election to the MC should be held 15 days before the expiry of its term of office. The President has failed to carry out this obligation with out rhyme or reason.
3 Para 6: The minutes as recorded are a dishonest presentation of facts to mislead the uninformed members and this calls for drastic changes/deletion.
3.1 The Notice for SGM submitted under my letter dated 16-02-2008 (annexure- 2). with the support of 62 members had 4 items for discussion apart from the 2 he stated. Transparency in the working of the MC and barring the management committee from future monetary collections with out the specific sanction of the General Body are 2 other vital items stated in the Notice. The MC refused to understand the facts.
3.2 As soon as the President got the letter dt 16-02-08 he tried to pressurize the signatories to the Notice to withdraw the support they had given for the SGM. According to him he managed to get 4 signatories. He was informed under my letter dated 22-02-2008 (annexure-3) that he was indulging in unprofessional and unethical conduct abusing his official position). He had no reply to give. This shows the character of the President in a poor light.
3.3 The President under his letter dated 25-02-2008 (annexure-4) informed me that the Notice for Special General Body Meeting deals primarily with the collection of Rs.100/ per day from those carrying out major works in their apartments and based on representations from the members the MC had decided to withdraw the levy from 11-01-2008. Now he has again shown it as suspended. He has further stated the MC had decided that there was no need for a SGM only for discussing this point spending substantial sum of money and efforts. It was obvious that the President and the MC did not want to read the other vital 2 items in the Notice namely transparency in the working of the MC and Barring the MC from imposing new levies on the members with out the approval of the GB.
3.3.1 It is relevant to point out that charging of a fee of Rs.100 from members doing some kind of work in their flat introduced in May 07 was kept under wrap by the MC for their own reasons In fact this calls for recording of the displeasure of the AGM for lack of transparency.. This came to light only when Shri. B.P.Shastry of D-5 block requested in the AGM held on 23-09-2007 that the levy of Rs.100 should not be imposed on members newly occupying their flats. The President stated that this charge was introduced after much deliberation and that in general people welcomed it. This has been recorded as the AGM decision in the minutes of the AGM of 23-09-2007. This collection continued till 11-01-2008 based on the AGM decision. The MC suddenly acted as a body superior to the GB vide letter dt.28-09-2007 ( annexure-5) and set aside the decision of the General Body ignoring propriety. It is necessary to find out the reasons that prompted the MC to take the stand of a super body above the General Body after what was stated in the AGM by the President. There is an allegation that this was done to benefit Mr.Sankaran Vice President who wanted to do some repair to his flat. This requires verification.
3.4 On receipt of the letter dated 25-02-08 from the President I wrote to him under my letter dated 27-02-2008 (annexure-6) stating that the MC has erred in grasping the basic issues involved in asking for the SGM. It was pointed out that it was also to establish the supremacy of the General Body over the MC and to make the MC to function in a transparent manner. I had also mentioned among other things that I was willing to share the expenses beyond Rs.15000 in holding the SGM. It is a serious failure on his part not to have replied. It is evident that he was afraid to reply.
3.4.1 I wrote to the President again under my letter dated 03-03-2008 (annexure-7 ) that I shall seek a solution else where if he failed to take action to convene the SGM within a week. He did not reply. Thereafter I took up this matter with the Registrar of Societies requesting him to direct the President KVAOA to convene the SGM. Since he failed to take action expected of a Statutory Authority I was compelled to move the High Court at considerable expense to direct the Registrar of Societies to take action on my representation pending with him.
3.5 The Registrar of Societies realized his statutory responsibilities and directed the President/Secretary under letter dated 25-08-2008 (annexure-8) stating that not holding the SGM when 50 members requested for it is violation of the Bye-Law .He was directed to convene the SGM as requested by the members under letter dated 16-02-2008. It was further stated that legal action would be taken failing to comply with the direction.
3.5.1 In the circumstances it is stupid on the part of the President/MC to state in the AGM on 28-09-2008 after getting the letter dt 25-08-2008 from the Registrar that the MC has the discretion to put up a proposal in the AGM to call for a SGM. The MC did not take this stand in the letter dt 25-02-2008 from the President. The stand is all the more preposterous when I pointed out in the AGM the relevant section from the Karnataka Societies Registration Act 1960 (section 11 (3) ) which was wrongly copied as section 11 under Chapter III of the Bye-Laws. It is not stated either in the Bye-Law or in the KSR Act 1960 that the AGM should decide the need for a SGM. This only shows the irresponsible attitude of the MC/ authors of the Minutes and as such that paragraph should be deleted.
3.5.2 As regards the items covered in the letter dated 20-08-2007 it is stated that this matter was discussed with the President by me much before the AGM of 23-09-2007 when Shri.C.K.Gopalan, 66/D-6 was also present. The President had promised that those items could be discussed. If he had no intention to include the items in the Agenda of the meeting elementary propriety demanded that he should have informed me of this days before the meeting instead of indulging in double talk. When the MC decided not to hold SGM when a valid Notice dt 16-02-08 was given there is no point in stating that the MC decided not to have SGM for the items covered in the letter dt.20-08-2007 as that was not given as a notice.
3.5.3 It is irresponsible and absurd on the part of the President to claim that persons who signed the Notice for SGM had seen only the item related to Rs.100 fee and I had inserted additional items later. This is a slanderous statement made by him. Any impartial observer will notice that it is impossible to insert new items in the Notice for the SGM. It appears that he has recorded in the Minutes issues not raised in the AGM.
3.5.4 According to the President for attesting a true copy of a degree certificate by a Gazetted officer or a Notary the Vice-Chancellor of the University should stand before the Officer or the Notary. He is eager to pick holes where nothing existed reflecting his mental make up.
3.5.6 The President managed to make 4 signatories to withdraw their support from the Notice in his effort to get 13 withdrawals. His unprofessional conduct in this regard has already been brought out above in my letter dated 22-02-2008.
3.5.7 I have already given above the reasons that compelled me to approach the High Court to get the SGM convened. This happened only because of the irresponsible attitude of the President/MC in refusing to hold the SGM on a valid Notice served on the President. The Registrar of Societies who is the Statutory Authority has pointed out the irresponsible and illegal stand of the MC while directing the President to hold the SGM under letter dated 25-08-2008.
3.5.8 It is senseless on the part of the President to claim that Mr. Varghese Gee is a legal authority superior to the Statutory Authority who is the Registrar of Societies. He is unwilling to read the relevant provisions of the Karnataka Societies Registration Act 1960.
3.5.9 It is a pity that the President could not understand the reason why I withdrew the Writ Petition. He is only pretending ignorance. The relevant judgment reveals the fact.
3.6 Since the recordings under Agenda Item No 5 are a colorable exercise of authority the entire recording should be deleted.
4 Agenda No.11
4.1 There is a procedural irregularity in that this agenda is meant for members to seek clarification from the MC/President and not for the President/VP /MC to launch unsubstantiated malicious attack against a member. The President has let out his venom through the VP/MC member who are his henchmen committing this irregularity. In view this the paras 28,29 and 30 should be expunged.
4.2 I have written letters dated 21-05-2007, 07-07-2007,27-07-2007,28-09-2007,20-02-2008 (copy as annexure- 9 ), 27-02 -2008,and 03-03-2008 to the President/MC on various issues. But the President did not reply to any of them. It is unbecoming of the President who could not reply to my letters to use his stooges as his mouthpiece to utter irresponsible statements and record it in a partisan manner as the Minutes of the AGM. This calls for strong disapproval and deletion of the related entries from the Minutes.
4.2. The President was unwilling to allow me to see the contract on Conservancy. Even when I stated the possibility of financial irregularity the President was keeping mum giving the impression that he was involved in the irregularities. Even now I have serious doubt that dishonest and corrupt procedure was used by Mr. Narayanan in the award of this contract to benefit the parties. It requires scrutiny to find out whether the Tender Enquiries itself were not rigged in 2006/07. This matter calls for detailed examination of the issues to bring out the truth. In fact Shri. Padmanabha Iyer the member of the present MC and who was the Treasurer in the previous MC had stated in his letter of resignation that the MC with the blessings of the President was indulging in spending the Association funds in a whimsical and arbitrary manner even to sub serve vested interests. He should be requested to give 4 or 5 instances where this happened to bring out the true color of Mr. Narayanan and his group.
4.3 Mr. Narayanan and his team can comment on my activities only during their term from 2006 to 2008. To begin with he should have answered my statements as contained in my letter dated 20-02-2008 in which among other things I have stated that the President has made false recording in the minutes of the AGM of 23-09-2007. He should have replied all my letters. His failure to reply to the various letters itself is sufficient proof of his incompetence to delete all entries under this head. In fact Mr. Narayanan himself made some statements which he found it inconvenient to record in the Minutes.
4.4 I had asked Mr. Sankaran that he should substantiate whatever allegations he made to malign me. In fact Mr. C.K. Gopalan strongly objected to the manner in which Mr. Sankaran was talking and asked him to stop his talk. But this is not mentioned in the Minutes.
4.5 The utterances stated to have been made by Mr.Ganesan who acted as a tool in the hands of the President should be ignored as of no merit accepting his role as another agent of Mr. Narayanan. It should be ascertained whether what is recorded is not the handiwork of Mr. Narayanan.
4.6 It is a moot point whether the President and his group can talk anything against members under a heading which is meant for the members to seek information from the MC. This they did after announcement of election result. Vote of thanks was to take place after announcement of election results as per notice for the AGM.
4.7 Mr. Narayanan can not write anything as the minutes of the AGM with impunity.
5 The audited account should have been circulated by 31-05-2008.The President failed to do this showing the incompetent manner in which he was maintaining the Cash Book. This was issued only in August 2008.
6 Mr. Narayanan and Mr. Reddy ceased to be the President and Secretary of the Association on 11-09-2008 and as such they have no locus standi to sign the Minutes as President and Secretary as they did not hold the posts on 28-09-2008.
7 The annexures mentioned in the body of the letter as attached are not included in the letter for want of space; but these will be made available to any one who wants to see them through E-mail from the KVAOA office or from the undersigned.
=========================================================== 081029AGM7Minutes KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION (R) (Reg. No. 514/2002-03)
Minutes of the KVAOA-7th AGM held on September 28, 2008
Inauguration and welcome:
1. The 7th Annual General Body Meeting (AGM) of the Kendriya Vihar Apartment Owners’ Association (KVAOA) was held on Sunday, the September 28, 2008 at the Community Centre Hall of Kendriya Vihar, Bellary Road, Yelahanka, Bangalore - 560064
2. The meeting was attended by 108 eligible members of the Association and was chaired by the President, KVAOA. The announcement and the Agenda are placed at Annexure-1. The announcement of the meeting and the agenda papers, including the annual report of the Management Committee (MC) was sent to all the 603 members of the Association by post under certificate of posting on August 25, 2008.
3. The meeting was preceded by lighting of the lamp and invocation. Obituary references were made by the President.
4. Shri Pappachen (D6/035) raised a point of order regarding the eligibility of the present MC to conduct the AGM and the President to Chair the meeting. This was seconded by Shri T. Narayanamoorthy (D6/013). Several members opposed the point of order. The point of the order was over ruled by the President as by convention and by the byelaws of the Association, the present MC continues till the new MC takes over after the elections carried out during the AGM. The president welcomed the members, thanked the management committees for their dedicated work. The address is placed at Annexure-2.
Agenda Item No.5: Annual Report:
5. Secretary of the Association tabled the Annual Report of the MC. There was a detailed discussion on the Annual Report. To a question by Dr. A.R. Acharya (D6/070) it was clarified that the present services contracts will terminate by December 31, 2008.
6. Dr. Acharya (D6/070) wanted to know why the representation for calling of a SGM signed by 62 persons and forwarded by Shri Pappachen was not acceded to and why the suit filed by Shri Pappachen in the Honourable High Court of Karnataka was contested. Shri Nagarajan, Treasurer explained in detail the sequence of events leading to the filing of the affidavit by KVAOA.
On February 16, 2008 Shri Pappachen sent in the representation purportedly signed by 62 Members of KVAOA. The reason for convening the SGM was stated to be the withdrawal of the Rs.100/- per day fee charged from those who are carrying out major works in their apartments and the refund of the amount collected thus far. By the time the representation was received, the Rs.100/- fee had already been suspended by the MC and it had been decided that the amount already collected will not be refunded. Hence, the basic reason for convening the SGM was not present anymore.
Further, as per the bye-laws of the Association (Chapter III, Section 11), a SGM can be convened under the following circumstances: 1) The President or a majority of the committee members can call for a General Body Meeting, 2) 1/3rd of the members by a resolution can summon the General Body meeting to discuss any agenda fixed by them and 3) A SGM may also be convened on the requisition of a minimum of 50 (Fifty) members of the Association entitled vote. It clearly follows that the Management Committee is expected to exercise its judgement and discretion in determining whether a SGM is to be called in case of option 3) above. The very fact that option 2) above is a mandatory clause, and under option 3) there is no time limit for calling the SGM, emphasizes this point. There is a fourth obvious approach, which is to put up a proposal at an AGM for convening a SGM for considering proposals for amendments to the bye-laws. In the case of the representations made by Shri Pappachen on 20.08.2007, the Management Committee had exercised its judgement and decided that there is no need for calling a SGM for discussing the points brought out by the petitioner.
More over, discussions with some of those who had signed the representation brought to light that while they signed a document mentioning only the points related to Rs.100/- fee, Shri Pappachen chose to add some more points on his own and made the representation. Further he had got the signatures notarized without the knowledge and consent of those who had signed and the notarization was not done by the notary in their presence. Further, at least four signatories disassociated themselves from the representation in writing after coming to know of the above facts. Amongst the 62 signatories there were some people who were not eligible to sign such a representation calling for SGM. This subject had been discussed in the Management Committee meeting and formal decisions taken and recorded.
In spite of the fact that a formal response was sent to Shri Pappachen, he chose to go to the court, presumably because his plea with the Registrar of Societies did not bring in any response favourable to him. Since the Association received a court notice, it had to be responded to, as otherwise it will be a contempt of court. Also Shri Pappachen had made several unwarranted, baseless and malicious allegations on the Association, the successive MCs and its members right from 2002 and had made every effort to bring the entire Association to disrepute in the eyes of the Registrar of Societies and the High Court. This kind of behaviour and regrettable action by a member cannot go uncontested as this is a serious matter.
Shri Vargeese Gee (D5/083) endorsed the position of the MC in relation to the clause contained in the bylaws for calling of SGM. Now it is understood that Shri Pappachen had withdrawn his court petition for his own reasons.
7. Shri B.P. Shastry (D5/075) drew reference to the letter of resignation given by Shri Padmanabha Iyer (B2/236), then Treasurer, and the allegations that he had made in the letter and wanted to know why there was no reference to the same in the Annual Report. President pointed out that it is for Shri Padmanabha Iyer to explain his unwarranted and baseless allegations and statements and he has chosen to absent himself from the AGM, it spite of having got nominated himself for election to MC by AGM-7 also. President condemned the action of partially leaking letters meant for the President/MC. Shri Pappachen has sent a note enclosing the copy of Shri Iyer’s letter of resignation. However, the President agreed to make a statement on the incident. On receiving the letter of resignation from Shri Iyer on March 1, 2008, the President wrote to him immediately requesting him to reconsider his decision and also explain his allegations and give specific instances to the MC by being present at the time when his resignation is being considered. In response to this Shri Iyer simply dropped a two line response saying he cannot reconsider his decision and that he will be out of station for an indefinite time from that very day. His letter was dated March 3, 2008 and was seen by the President on March 4, 2008. In such a situation MC considered his resignation in its meeting on March 6, 2008 and decided to accept the resignation.
It must be noted that Shri Iyer as the Treasurer had a very important responsibility and was responsible for the funds of the Association. Though he was given an opportunity to explain his position he chose to suddenly go out of station for an indefinite period without informing the President or any other office bearer earlier. He went away without handing over the crucial charge of treasurer to anyone else and without making any alternate arrangement, thus bringing the financial activities of the complex including salary disbursement to a virtual standstill. This is a most unbecoming, irresponsible and condemnable behaviour. As for the allegations that he had made, these are baseless and unwarranted. He has not given any specific instance, leave alone prove anything. All the expenses had been incurred following the decisions of the MC and after ascertaining that these expenses are required in the larger interests of the community. No one has a veto power in the MC. The entire correspondence and the MC minutes on the subject are placed in Annexure-3.
The AGM received the Annual Report and explanations.
Agenda Item No.6: Audited Accounts:
8. The Treasurer of the Association presented the Audited Accounts for the year 2007-2008. He was assisted by Shri P.N.Krishnan, Member, MC. Shri Krishnan explained that the fee paid to the Auditor includes the maintenance of accounts, filing income tax returns, appearing before the tax authorities etc. To a question from Dr. Acharya whether the separation between accounts maintenance and auditing is maintained, it was clarified that the same firm is not doing both.
9. During the discussions, Shri Nagarajan explained that the Kaveri Water account is kept separate. The buffer amount available under this head is primarily due to that fact that the water meter has not been functional for some months and hence we are getting a reduced bill. There is a chance that the Association will get a revised bill. Even after meter replacement of the meter there has been a failure once. The present water charges are based on the present consumption. Shri C.K. Gopalan (D6/066) suggested that the water meter rating could be increased to avoid failures. This could be brought to the attention of BWSSB. Shri Nagarajan also pointed out that per head consumption of water in KV is high compared to national and even international standards and it is necessary that the residents use water economically.
10. There was also a fairly long discussion on the lift maintenance. Shri Murali Viswanathan (B2/281) explained that his family members are virtually afraid of using the lifts as in his block the failure is very frequent. Shri C.K. Gopalan (D6/066) felt that more attention has to be paid to the preventive maintenance as this is a life and death matter. Shri T.S. Varadharajan (D6/007) recommended installation of emergency lights in the lift to take care of the mains-DG switch over time darkness inside the cabin. Shri Raghavendra (D5/137) stated that we can have lift operator in each block and this will solve the problem. But this will cost money and members should be prepared to pay for additional expenditure. Shri Chandrasekar (B2/270) suggested that the original manufacturer of the lift could be approached for its maintenance. Shri R.V. Reddi (D5/122) stated that we could go to the original manufacturers for maintenance, but we have to spend at least twice the amount we are spending. Shri G.R. Subba Rao (C8/577) explained the existing procedure for lift maintenance and requested any member who experiences problems to inform him so that he can take action. The members wanted to know the difference between Repairs and Maintenance. Shri Krishnan informed that the 6 service contracts come under Maintenance. Maintenance contracts do not include spare materials like switches, bulbs etc., which have to be procured by KVAOA. These expenses are placed under the Repairs head. After the discussion the audited accounts for FY 2007-2008 as presented was approved and adopted by the AGM.
Agenda Item No.7: Budget Estimates for the year 2008-09
11. The budget estimates for the year FY2008-09 was presented by the Treasurer. Dr. Acharya questioned why no proposal has been made to cover the nearly Rs.10 lakhs deficit. S/Shri A.K. Chakravarthy (C7/476), Dr. G.M. Ramanna (C8/546), Shri V. Hariprasad (C7/517) and many other members suggested immediate (from October 1, 2008?) increase in the maintenance charges as there has been no change in the past five years despite steep increase in prices and improvement in income level of members. Some suggested annual increase in maintenance charges. Shri Karunakaran Nair (A1/418) stated that the proportion that each type of block pays needs to be fixed as per the Karnataka State Apartment Owners Act of 1972 before any move to increase the maintenance charges. He also suggested that people owning stilt parking must pay a higher maintenance charge as their place is maintained and lighted from common funds. Mr. S. Gopalan (B2/265) wanted the MC to evolve a formula for maintenance charge that is logical, rational, applicable and defendable. Shri P.G. Sreenivas (B2-224) suggested that the expenses could be reduced to live within the revenue. There was a suggestion that computerization of accounts need not be undertaken. Shri Krishnan explained that it is essential. Some members suggested that revenue could be increased by levying parking fees. Shri Nagarajan (D5/140), Treasurer stated that some cost escalation in the service contracts is inevitable given the inflation situation. Some new items are included on which the new MC may take a view. Shri R.V. Reddi (D5/122) pointed out that though the estimates for the year 2007-08 projected a deficit, the budget could be balanced by prudent management. AGM agreed that the new MC has to work out the various options and adopt the suitable approach. With this the Budget estimates for the FY2008-09 was adopted.
Agenda Item No.8: Appointment of the Auditors for FY2008-09:
12. Treasurer proposed that the current Auditors, Shri A. Balasubramanian, Chartered Accountant may be reappointed as the Auditor for the year 2008-09 at a fee of Rs.24,000/-. Dr. Acharya asked why a panel of names was not presented. Shri Krishnan explained that some other names had also been examined and as already six months of the financial year is over and as the Auditor has been functioning satisfactorily, it is better to continue with him for this financial year. Shri B.P. Shastry supported this view. Some people felt the fee is too high. Shri V. Hariprasad (C7/517) explained that CA fees are rather standard and this has gone up over the years. Shri G. R. Subba Rao (C8/577) stated that CAs charge Rs.2000-3000 even for brief opinions and felt that the fee proposed is reasonable. After a brief discussion AGM approved the appointment of Shri A. Balasubramanian, Chartered Accountant as the Auditor for the year 2008-09 at a fee of Rs.24,000/-.
Agenda Item No.9: Report on LTRI works, LTRIF Status and resolutions thereof:
13. AGM discussed the report on LTRI works circulated earlier and the financial update provided at the AGM (Annexure-4). Shri V. Hariprasad appreciated the work that had been carried out. Shri M.K. Santhanam (B3/217) while appreciating the LTRI work felt that the internal leakage problem should also be addressed by the Association by hiring experts and forming a grievance cell. One member felt that the cleaning for the drains needs to be done periodically. AGM took up for consideration the resolution on re-appropriating funds from the reserve fund for carrying out the remaining LTRI works. Dr. Acharya suggested that there should not be a limit on the re-appropriation amount. He felt that the painting job will require more money than presented in the estimates. He pointed out that there has been a fifty per cent escalation in the road works expenditure. Shri Viswanathan explained that the petroleum products price had gone up by nearly 100 percent from the time of estimates to the time of execution. Also while only 25 mm thickness of bitumen was planned for, in large areas up to 40 mm thickness had to be used. The President explained that the original expectation was that the work could be carried out in Jan/Feb 2008. But unfortunately the collection of LTRIF got delayed and work could start only in July 2008. This has led to inevitable cost escalation. Dr. Acharya suggested that the MC should be authorized to use the corpus fund for the purpose of painting etc. There was strong opposition from many members for diverting the corpus fund for this purpose. Shri R.V. Reddi said family silver cannot be sold and Shri Raghavendra pointed out that we have high value and absolutely essential items like DG set, Lifts, water pumps, STP etc. that may need emergency replacement and corpus fund is meant for it. They suggested that MC should examine alternate means like taking loans, collecting more money etc. Shri Karunakaran Nair said collecting a separate charge from those who own stilt parking may solve the funds problem. Shri P.G. Sreenivas suggested that the item replacement of letter boxes may be dropped. After some discussions the AGM ruled out the use of corpus fund and adopted the following enabling resolutions:
“Considering the progress of the work related to LTRI, noting that there is an all round price escalation and recognizing that the painting of the blocks is absolutely essential, AGM-7 resolves that MC may take recourse to the accumulated reserve fund for carrying out and completing the painting of the blocks and other works as envisaged under the LTRI work schedule.”
14. AGM discussed the second resolution on LTRI related to late payment fees. Some opinions were expressed that late payment fee for such charges as LTRI is not authorized by the byelaws. S/Shri Varghese Gee (D5/083) and S. Gopal (B2/265) were of this view. The President stated that this is not the interpretation of the MC. Dr. L.V. Shastry (D6/048) argued that the Apartment Owners’ Act provides for penal punishment for default of any dues. Shri S.Gopal stated that by barring the defaulting members from the AGM, collecting the remaining amount could become a problem. Shri Hariprasad and another member stated that in fairness to the members who have paid in lump-sum well in advance, the members who choose to pay at a later date should pay some late payment fee. This is some thing that is adopted by all agencies everywhere. Shri Pappachen wanted 12/- percent interest to be charged. Shri Karunakaran Nair said that the question of proportion should be settled first as many members have paid the LTRIF dues on protest. Shri Satish Nair (A1/400) stated that those who have not paid LTRIF have been bared from attending the AGM and this is a severe punishment and no further punishment by way of late fee should be imposed. Shri N. Raghupathy (D6/014) wanted to know whether Shri Satish Nair would guarantee that those who have not paid so far will pay once the issues are settled. Shri Satish Nair replied in affirmative. After some more discussions the AGM adopted the following resolution:
“The AGM-7, noting that more than 80 per cent of the members have already paid the LTRI dues, requests all those members of the Association who are yet to pay the LTRI dues to pay the same immediately. A late payment fee of Rs.50/-, 75/-, 100/-, 125/- for every calendar month of delay in respect of Blocks A,B,C and D respectively shall be levied on the Members who make the LTRI payment after December 31, 2008.”
It was hoped that some of the issues raised would have been settled by then.
Agenda Item No.10: Discussions on points from members:
15. A compilation of the points received from members and which have been accepted by MC for consideration by the AGM was made available to all the members present at the meeting (Annexure-5). Shri V.Gopal (D6/027) presented the two resolutions that he and Shri A. Banerjee (D6/058) had proposed. One related to the calling of a SGM for considering the required byelaws changes proposed by Members. The second resolution related to the formation of a committee consisting of members to consider the various aspects of the maintenance charges and other charges and make recommendations to the General Body. Both the resolutions and the actions under the same were welcomed by members. There was a broad based discussion on the various aspects of the resolution. It was clarified that the first resolution on calling of the SGM deals only with the process of calling the SGM and consideration by the SGM of the changes to the byelaws proposed by the Members. Only SGM can modify the byelaws. Clearly the MC has the responsibility to implement the resolution and there is no separate committee for the same. The second resolution calls for forming a committee to study the various issues connected with the maintenance and other charges in detail and make appropriate recommendations to the General Body. MC has the coordination role and also the responsibility for facilitating the work of the committee.
16. As for the second resolution, Shri N. Raghupathy (D6/014) stated that the committee should not become a parallel MC and also the recommendations of the committee should become binding on all. Shri V. Gopal said that the committee has a specific job and this should be executed in a finite time and then it should be dissolved. There was a discussion on the number of members that the committee formed as per Resolution 2 should have. Some members felt that sixteen members and three ex-officio members would be too large. Many members felt too few will defeat the purpose of the committee formation. Four proposals were put up for the formation of the Committee. 1. Two per block (Block 1 to Block 8); 2. Two per type of block (A to D); 3. One per block (Block 1 to Block 8) and 4. One per type of block (A to D). The proposals were put up for voting (by rising of hands) and the proposal of two per block (Block 1 to Block 8) was approved by overwhelming majority.
17. Shri T.C.A. Vijendra (D5/106) proposed to include “property rights” as one of the items which the Committee should consider while dealing with various aspects of the maintenance charges. Shri Karunakaran Nair and Satish Nair proposed that the committee should complete its task before the December 31, 2008. As the issues are wide ranging, the President proposed that there should be some flexibility given to MC to extend the term of the committee for practical reasons. All these proposals were accepted.
18. AGM-7 unanimously adopted the two resolutions along with the procedural aspects contained in the paper as proposed by S/Shri Gopal and Banerjee with slight modifications. The adopted resolution is placed at Annexure-6.
19. AGM took up the issue of nominations to the Committee. The following nominations were proposed and accepted:
Block A1 Shri K. Karunakaran Nair (418) Shri Satish Nair (400)
Block B2 Shri H.T. Krishnamoorthy (269) Shri Chandrasekar (270)
Block C8 Shri P. Ramalingaiah (533) Shri J.P. Kalmath (578)
For other Blocks it was decided that one coordinator (as listed below) will give the names proposed by at least 10 eligible members from the block. The names will be given to the President of the MC to enable him/her to constitute the Committee.
Block B3 Shri Shankaranarayanan (220)
Block B4 Shri Pramod Naick (298)
Block C7 Shri V. Hariprasad (517)
Block D5 Shri Vargheese Gee (083)
Block D6 Shri C.K. Gopalan (066)
The Chairman and the Secretary to the Committee will be elected by the Committee.
20. AGM noted that the proposals from S/Shri Karunakaran Nair, Krishnamoorthy and Pappachen are points dealing with subset of the above two resolutions already adopted by the AGM and hence were not considered separately.
21. Shri Pappachen contented that his proposal stands differently. He argued that the specific byelaw changes proposed by him should be discussed in this AGM and voted upon. He said that the Registrar of Societies has directed the KVAOA to do so. The President stated:
a. The changes to byelaws could be considered only by a SGM b. The Registrar of Societies had stated that the proposal of Shri Pappachen to convene SGM should be placed before the AGM and this has been complied with. The Registrar has not directed KVAOA that byelaws changes should be discussed in the AGM in violation of the existing byelaws. The Association had informed the Registrar earlier that this (approaching the AGM for its approval for convening SGM) is an option that is available to Shri Pappachen for calling of the SGM and Registrar’s letter is a follow up on this. c. The Registrar has been formally informed of the action that is proposed to be taken in the AGM and the President has even requested the Registrar to nominate a person from his/her office to observe the proceedings. d. Hence there is no question of discussing the actual changes in the byelaws in AGM.
AGM accepted this view.
23. AGM considered the resolution put up by three Members regarding charging of parking fees. Shri V. Swaminathan (A1/432), who introduced the resolution, enquired why the parking fees had not been introduced even though the byelaws call for it and two successive AGMs had asked the parking fees to be introduced. The President responded that there are many issues to be taken into account in introducing the parking fees. Shri Karunakaran Nair stated that those who have been allotted stilt parking do not even pay for the maintenance of these slots and they are being maintained from common funds. One member recalled that many allottees had applied for the stilt parking and only a few got the slots allotted. At that time CGEWHO assured that there is ample open parking space for all. The open parking should be divided and given to those who want on a permanent basis after making shelters and then parking fees can be charged. Dr. Sastry (D6/048) said that many two wheeler parking slots remain unsold and these should be sold to raise money. Shri Raghavendra suggested that to begin with outsiders coming into the complex should be charged. Shri P.V. Sankaran (B4/306) pointed out that parking charges are necessary to control the traffic as well as deny access of our parking slots for outsiders. This is important from security and revenue point of view also. Shri Srinivas (B2/224) said that those who do not have cars or two wheelers should be duly compensated as their common property is being used for parking. At the end of the discussions, AGM adopted the resolution as tabled (placed at Annexure-6) and asked the MC to study all aspects (including property rights, controlling access, raising money for maintenance etc.) and implement appropriate parking fee regime, in tune with the byelaws of the Association.
24. The proposal of Shri Pappachen for refund of the amount collected under the now suspended provision of Rs.100/- fee for carrying out major work was taken up. The MC had recommended that this proposal may not be adopted. As there was no consensus, the proposal was put to vote. The proposal for refund was defeated with 24 votes in favour and 31 against. There were a few abstentions also.
The President brought to the attention of AGM that based on its experience the outgoing MC had recommended to the new MC that the charge for major works may be reintroduced by the new MC.
Agenda Item No.12: Election to the next Management Committee (Sept.2008 – Sept.2009)
25. AGM took up the Agenda Item No.12 before Item No.11 in the interest of managing the time. The chair was handed over to Shri Aftab Ahmed, Returning Officer. Shri Ahmed said that 17 nominations were filed before the closing time. On scrutiny one nomination was found to be infructuous as it was a duplicate. Three nominations were rejected as they were not in order. Thus there are 13 valid nominations. Shri Aftab Ahmed announced that these 13 persons has been elected unopposed. As per the byelaws the Management Committee shall consist of not more than 17 members and hence the 13 members shall form the Management Committee duly elected under the byelaws of the Association. Amongst the 13 there is a lady member also. The elected persons came to the stage and introduced themselves. Shri Ahmed congratulated the new members and informed the house that the newly elected MC members shall meet on the same day and elect the office bearers.
26. The following are the members of the new MC:
27. The outgoing president congratulated the newly elected members and wished them well. He also thanked Shri Aftab Ahmed for sparing his time and for conducting the election in an admirable manner.
Agenda Item No.11: Any other matter raised by members with the permission of the Chair:
28. Shri P.V. Sankaran, Vice President raised an important issue of Shri Pappachen writing all kinds of letters and making all kind of representations in which he tries to malign the MC and Association and its members with objectionable words. He has been doing it right from 2003 and despite repeatedly being informed that his way of taking up the matters is not consistent with the rules, he had persisted. Recently he has gone to the court making totally false allegations with malicious intent. He has been making unsubstantiated and personal attacks on the successive Presidents and MC members right from the beginning, may be because of certain frustrations. Shri Sankaran wanted the AGM to take note of this and condemn such behaviour and pass a censure motion against Shri Pappachen.
29. Shri Pappachen defended his action and said that the MCs have acted arbitrarily and with ulterior motives. The President said that only statements will be permitted and one to one talk between members shall not be permitted.
30. Shri G. Ganesan (A1/392) said that Shri Pappachen has not even participated in the AGMs or any other meetings of the Association fully and sat through the proceedings full time and still chooses to write all kinds of things. He even says things have not been recorded rightly even though he has not attended the meeting. His sole aim seems to be to malign the fair name of the complex so that the owners will be put into trouble. He wanted the AGM to pass a censure motion condemning Shri Pappachen. He vehemently condemned those who went to the media with wrong information. He asked all members to refrain from such acts as going to the media with misleading information and malicious letter writing.
31. Shri B.P. Sastry (D5/075) said that it is important that people are encouraged to send letters and even representations signed by several members so that MC comes to know of the issues and takes action.
31. Shri Raghavendra pointed out certain people have gone to the Registrar with unfounded grievances and also planted wrong and objectionable stories in news papers or rather tabloids with the intention of bringing bad name to the complex. Such acts also need to be condemned.
32. Shri Karunakaran Nair said that he and his colleagues will continue to do whatever it takes to get justice as they are not satisfied with the proportion in which the maintenance changes are levied.
33. Shri Pramod Naick (B4/298) made a forceful and impassioned plea condemning Shri Padmanabha Iyer, who had made unwarranted and baseless allegations on the MC and its members. He alleged that some senior members have encouraged and abetted Shri Iyer in his reprehensible act. It is unfortunate that he had got elected to MC again only because there were not enough nominations. Shri Naick only hoped that the new MC will not suffer similar indignities at the hands of Shri Iyer. Shri Iyer has chosen to absent himself from the AGM so that he need not answer for his acts. Shri Naick wanted the AGM to pass a censure motion against Shri Iyer.
34. The President said that he understands the feeling of the members who spoke and his sympathies are with them. The mood of the house is also not to tolerate any activity of its members that brings a bad name to the Kendriya Vihar and KVAOA. But it will not be fair to censure a person in his absence. Also it is the end of the day and the AGM should disperse in good mood and happy circumstances. He proposed that the AGM, having heard and recorded all the points need not proceed further on the censure motions. This was agreed to. The President thanked all the members for the cooperation in successfully concluding the AGM-7. He wished the newly elected MC all the best.
35. Shri Hariprasad wanted the AGM to place on record the great work done by the outgoing MC. He said the MC had done many good things, proposed and carried out nearly 60% of the LTRI works, despite the fact that the works started late because of the collections and deserves to be congratulated and thanked. AGM approved the proposal by acclamation. Vote of thanks:
36. Smt Pushpa Rani proposed a vote of thanks. She thanked the members for the cooperation shown by them in completing the AGM successfully. She also thanked all the office staff and contractors’ staff who worked tirelessly for organizing the meetings and arranging all the logistics. The meeting concluded with a vote of thanks to the chair.
(K. Narayanan) (R.V. Reddi) President Secretary Annesure-1
Date: August 25, 2008
NOTICE FOR THE ANNUAL GENERAL BODY MEETING
Notice is hereby given that the 7th Annual General Body Meeting (AGM) of the KVAOA will be held in the Community Centre Hall on September 28, 2008 (Sunday) at 10 a.m. to transact the business as per the Agenda given below:
All eligible members are requested to make it convenient to attend. Checking of identity[1], eligibility, registration and ascertaining quorum for the meeting will start at 0900 Hrs on the same day. There will be a working lunch (for members only) at 1330 Hrs on the day of the meeting.
The following documents are enclosed:
4. Brief on LTRI works, LTRIF status and resolutions thereof
(K. Narayanan) President
Annexure-2
PRESIDENT’S INTRODUCTORY ADDRESS TO AGM-7 (28/09/2008)
Honourable Members, Friends, Ladies and Gentlemen
It gives me great pleasure to welcome you all to this Seventh Annual General Body Meeting of our Association. Let me first thank the members for giving me an opportunity to serve them as the President of the MC. It has been a period of great education and experience, not only in dealing with the affairs of a rather complex housing enclave, but also in human psychology and behaviour.
Kendriya Vihar is quite unlike most other housing complexes. It is at once a homogenous complex in that most residents and owners are educated middle income group people and so diversified in that it is a mini India in terms of attitudes, regions and languages. Most residents’ Associations are called upon only to supervise the work of paid management. In Kendriya Vihar the Management Committee is called upon to run the complex hands-on and in fact carryout most works under direct supervision. This places a lot of burden and responsibility on the MC members.
I think in the past two years we have done a fairly good job, thanks to the dedicated work of my colleagues in the MC. As it happens in any committee only a few people can devote time and energy for such works and it is but natural that the committee depends on them most. People do have their own personal life, employment and demands on their time. Notwithstanding this, in the current MC everyone had in some form or other contributed and pulled their weight. I wish to thank each one of the MC members and place on record their valuable contributions. Shri Sankaran as the Vice President had dealt with many a crisis situation, apart from regularly attending to office work. Shri Reddi was a dynamic secretary, not confining himself with writing minutes, but in seeing that the facilities in the complex run well. Shri Nagarajan, the treasurer along with Shri Krishnan had spent hours in computerising the accounting system and streamlining the entire process. I acknowledge the help of Shri Royghatak and Shri Pramod Naick in developing our website. Smt. Pushpa Rani and Shri Pramod Naick did wonderful work in making the complex more vibrant by organising several events. Shri Prakash Bhatt was instrumental in getting the official clearances for removing the monkeys from the complex. Dr. Raghavendra Rao gave several tips for garden improvement and Shri Ganesan was helpful in many respects. Shri Raghavendra has contributed so much to the complex over the years and continued his great work whether it be in relation to the resurfacing the road or in relation to various other tasks. Shri Viswanathan worked tirelessly for completing as much LTRI work as possible and we all owe a big thank you to him. Who can forget Shri Subba Rao’s contribution? In spite of his health, he saw to it that the complex electrical system in KV is maintained and worked without problem. Shri Sree Kumaran Nair worked silently and tirelessly to maintain and improve the ambiance of the complex, taking on responsibilities without questioning. A big “thank you” to him. The MC worked in the most cohesive manner and arrived at decisions by consensus after thorough and sometimes heated discussions. Shri George and his colleagues in the KVAOA office had been carrying out a difficult task with dedication and I wish to thank each one of them. At the end of the day you will have a new MC and I wish them well and Godspeed. Thank you again and wish you all a very productive and orderly meeting. Annxure-3 Shri Padmanabha Iyer Correspondence
Flat No.236, Block No.2 Kendriya Vihar, Yelahanka Bangalore-560064 01.03.08
Dear President
Ever since I was elected to the Management Committee and entrusted with the task of administering the finances of the Association as its Treasurer, I have endeavoured to adhere to the cardinal tenet that Public Money is a “Trust” and every rupee has to be spent and accounted for as if it were ones own.
Unfortunately a stage has reached when I, as Treasurer, can no longer go along with the flowed “financial culture” being followed by you and the committee. It has been painful to see that objections and reservations raised by the Treasurer to specific items of expenditure in the larger public interest have been routinely overturned by the brute majority in the committee, at times even stage-managed.
Instances can be re-counted where, Public Money has been spent in the most arbitrary and whimsical manner, even to sub serve vested interests and the President himself being captive to the favourer, within the Management Committee. My efforts to bring bear upon you and the Committee that the basic essentiality criteria should be satisfied before expending Public Money, have invariably been thwarted, often for extraneous considerations, thereby marginalising the post of Treasurer itself.
In the given circumstances, I would not like to be associated even remotely or indirectly with such financial profligacy, especially at a time when the Committee is collecting huge funds from the public for long term repairs. I, therefore, tender my resignation from the post of Treasurer and the membership of Management Committee with immediate effect.
Yours truly
(SD) Padmanabha Iyer Treasurer
Annexure-3 (Contd.)
KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION (R) (Reg. No. 514/2002-03)
OFFICE: Community Centre “KENDRIYA VIHAR” Yelahanka P.O., Bellary Road Bangalore – 560 064 Tel: 080 22930000 E-mail: kvaoaynk@dataone.in
March 03, 2008
Dear Mr. Iyer
I am extremely pained to read your letter dated March 01, 2008, which was received by me today. There is no doubt that you have been doing an excellent work as Treasurer of the Association. We are all thankful to you for the same.
While it is not clear to me from your letter what are the items on which money has been spent that you think are not essential to our community, it is a fact that all expenses have been incurred following due processes and approvals. It is also a fact that money has been spent only on items which the majority of the MC members felt are required in the common interest of the community.
I, as the President, can only assure you that no member of the MC, leave alone the Treasurer, has been ignored or marginalized, nor has there been any such intention at any time. I, on behalf of the MC, want to emphatically deny this and correct any such impression that you may have.
In view of the above and in the interests of the Association, I request you to kindly reconsider your resignation and continue to serve the Association in your present capacity. It is my hope that you will accede to our request. However, if you insist I will place your resignation before the MC in its next meeting (likely to be on March 6, 2008) for its consideration. I am sure you will be present in the meeting.
Thanking you
Yours truly,
(K. Narayanan)
Annexure-3(contd.)
To The President KVAOA Yelahanka, 560064
Dear Sir
With reference to your letter dated 3rd March 2008, I regret that I cannot reconsider my decision to resign. Incidentally, I will be out of station, immediately for an indefinite period. Thanking you
Yours truly (SD) S. Padmanabha Iyer Block B-2, Flat No. 236 3/3/2008 Received by the President on 4/3/2008
Extracts from the Minutes of the MC Meeting held on March 6, 2008
…………
“It is hereby resolved with effect from 07-03-08, consequent to the acceptance of resignation of Mr. Padmanabha Iyer as Treasurer and election of Shri S. Nagarajan as the Treasurer, the Bank Account of the Association maintained with Corporation Bank Yelahanka, Oriental Bank, Yelahanka, State Bank of Mysore Yelahanka and the State Bank of India, Yelahanka will be operated by the new Treasurer Shri S. Nagarajan along with other office bearers already intimated to the Bank” ………………
Annexure-4 UPDATE ON LTRI WORKS FINANCIALS (September 22, 2008)
Number of Members who have paid or started paying LTRI Dues: 495 (82%) Total Amount Collected : Rs. 31.97 Lakhs Amount Committed to be paid (Approximate): Rs. 2.40 Lakhs Amount due from those who have not started paying: Rs. 7.60 Lakhs Total Expenditure till date: Rs. 19.16 Lakhs* Amount in the Bank under LTRI Head: F.D. Rs. 10.00 Lakhs SB/A Rs. 3.36 Lakhs* *The expenditure includes an amount of Rs.55,129/- that had been withheld from the road works contractor as caution money and needs to be released. All numbers have been rounded off. The Table below provides the item wise break up.
S. No Item Cost Estimate Actual Rs. (AGM-6) Expenditure
1.0 Storm water drains to be de-silted and cleaned. 68,600
1.1 Resurfacing of the roads and kerbs including: 6,00,000 a. providing and applying tack coat using hot bitumen b. 2 cm thick premix tar felt surfacing c. providing and fixing pre-cast cement concrete kerb 16,36,200* stone and cement plaster finish (1.1&2(a) together) d. painting of the speed breakers with road marking paint and drawing of the lines for parking areas d. refilling of potholes with chips mixed with hot bitumen
2. (a) Relaying and repairs to the existing cement concrete 4,50,000 pavements. (b) Plinth protection and approach path to the buildings 2,00,000 (work yet to start)
3. New pipe lines for draining the corridor cleaning water in all the buildings 50,000 77,800
4 Repainting of the building exteriors and the corridors 24,00,000 (work yet to start) including: a. External painting with water proofing cement paint on all external walls b. Painting of steel work, steel doors (emergency 25,000 doors and railings of staircase (Repair of railings etc.) c. Cladding with ceramic tiles on the sides of the lifts to give facelift 63,100 d. Painting of the windows and window sills not accessible from inside the apartments
5. Repainting and repairs (as above) in the common areas (like community hall, DG room, STP etc.) 3,00,000 (work yet to start)
6. Cleaning the chutes and carrying out repairs as required 1,00,000 45,800
7. Change the wooden letter boxes in all blocks to aluminum boxes of standard size 2,50,000 (work yet to start) --------------------------------- 43,50,000 19,15,900 Annexure-4 (contd.)
LTRIF RECEIPTS AND EXPENDITURE
Receipts Expenditure
Upto 3/08 20,13,470 1. Road Works 15,81,066** 4/08 2,46,523 2. Repair of Railings 25,000 5/08 3,23,261 3. Chute Repair/Cleaning 45,750 6/08 1,35,185 4. Cladding of Lift Face 63,140 7/08 1,45,290 5. Pipe Fittings 77,770 8/08 2,21,950 6. De-silting of Drains and 9/08 (upto 20th)1,11,550 relaying of covers 68,615
Total upto 20/09/08 31,97,229 Total 18,61,341**
**Excludes Rs. 55,129 with held from the Road Works Contractor as caution money that needs to be released.. Annexure-5
KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION (R) (Reg. No. 514/2002-03)
Sub: AGM-7, Agenda Item No.10: Discussions on points from Members
The following points/proposals have been received from Members and will be discussed and decided upon under Agenda item No.10.
S. No. Received from Gist of the proposal/point MC Views
1. Shri V. Gopal and Resolutions calling a SGM for carrying This may be considered by the Shri A. Banerjee out amendments to byelaws and setting of a AGM committee to study issues connected with maintenance and other charges.
2. Shri K. Karunakaran Discussions on LTRIF and maintenance Subset of 1. above Nair charges
3. Shri H.T. Krishna- Re-fixing the proportion in which the Subset of 1. above moorthy maintenance charges are paid by different blocks
4. Shri K.J. Pappachen Calling of a SGM for carrying out Subset of 1. above amendments to byelaws
5. Shri V. Vasudevan Levy of parking charges and guidelines for This may be considered by the Shri V.Swaminathan the same AGM Shri K.R. Mohan
6. Shri K.J. Pappachen Refund of the Rs.100/- per day (when major MC is of the view that this may works are carried out) collected while the levy not be adopted. MC is of the view was in force that some kind of charge needs to be reintroduced for major works. The new MC may be authorized to implement this.
Annexure-6
Resolutions adopted under Agenda Item No.10: Points for Discussion from Members
Resolution No.1: (on byelaw amendments)
Considering that the KVAOA byelaws were adopted more than five years ago and recognising that the experience over this period has shown that certain updating and modifications of the byelaws are required for efficient running of the Association, it is resolved that a Special General Body Meeting (SGM) be convened in the period between January-June, 2009 to consider the changes in the Byelaws of the Association. It is further resolved that the Management Committee shall invite proposals from all Members, compile the same and present it to the SGM with its recommendations. The SGM shall be called and conducted as per the rules prescribed in the present byelaws.
Resolution No.2: (on committee for studying maintenance and other charges issues)
Considering that the maintenance charges of Kendriya Vihar have been fixed more than five years back, that no changes have been effected in the same all these years, that there has been substantial increase in the operations and maintenance costs, that the proportion of expenses under different heads have changed over the years and that there have been demands from different sections of Members that the proportion in which the charges are paid by different types of blocks should be rationalised, it is resolved that a GROUP OF OWNERS consisting of two representatives from each block (total of 16) with the president, secretary and treasurer of KVAOA-MC as ex-officio members is constituted to thoroughly study all the issues connected with the maintenance charges and other charges and the proportion thereof in the light of the owners property rights, Association responsibilities, finances, Association registration and any applicable Government rules and come up with its recommendations. The GROUP is authorised to consult experts or seek legal opinion as necessary. The report shall be submitted to the SGM convened for the purpose of making byelaw amendments for its consideration and approval. Any byelaw change that arises as a consequence of the committee’s recommendations shall also be put up for the SGM consideration.
The Thrust areas for the GROUP would inter-alia be:-
-Identify common /special areas (e.g. roads, garden, STP, generator etc), common/ special services water, security, housekeeping etc) for which costs need to be distributed equally. -Identify services and works for which costs need to be distributed by type of flat.
3. Since the Resolution No.1 and No.2 are closely related, the MC shall play the coordinating role and shall guide and facilitate the proceedings of the GROUP under Res.2. .
4. The membership of the GROUP under Resolution No.2 shall be determined by the AGM-7. The chairman and secretary of the GROUP shall be appointed by the AGM-7. If for any reason the process of constituting the GROUP cannot be completed in AGM-7, the particular block from which sufficient members have not been nominated can nominate the member/s by suggesting the name to be added to the President, KVAOA within fifteen days of the conclusion of the AGM-7. At least ten eligible members from that block shall sign such a letter. In case the GROUP constitution is not complete even after following this process within a month from the conclusion of AGM-7, the GROUP shall function with the available membership, which shall be considered as the final strength of the GROUP. It is recommended that the members of the GROUP shall be drawn from members residing in Bangalore, preferably KV resident members. There is no bar on outstation members who can travel and attend the meetings of the GROUP. If any particular member is absent from the
Annexure-6 (contd.)
duly called meeting of GROUP for more than two consecutive meetings without the prior approval of the chairman, he/she looses the membership of the GROUP automatically
5. Till such a time any modifications recommended by the GROUP under Res.2 become effective, the present levies and charges and the procedure for levying the same shall continue.
6. The Committee shall complete its task by December 31, 2008. The MC may extend the term of the Committee if it is found absolutely necessary.
Note:
3. President, KVAOA-MC shall formally constitute the Committee after receiving the names.
Resolution No.3 (On parking charges)
Of
late the vehicle population, both two wheelers and four wheelers, have
considerably increased in KV and unauthorised and haphazard parking have become
very much rampant in the KV premises putting the residents to enormous
difficulties The
byelaws of KV authorise the MC to charge vehicle parking fees and the General
Body in the earlier AGM had called upon the MC to implement the parking charges
scheme. For reasons unknown it has not
been implemented so far.
5. Apartments with more than one car should pay
a higher fee for the second and subsequent four wheelers
081027RevisedMtceCharges KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION ® (Reg No.514/2002-03) Office : Community Centre, Kendriya Vihar, Yelahanka P.O. Bellary Road, Bangalore 560064 E mail kvaoaynk@dataone.in, Phone 080 2293 0000 KVAOA/ MC dated the October 25, 2008 Dear Fellow Resident Owners / Members of the KVAOA ::: Sub : New Maintenance Charges with effect from 01 Oct 2008 - regarding You are all aware that maintenance of KV complex, with its present level of ambience and services demanding heavy expenditure, is becoming more expensive. Added to this, is an uncovered deficit of about Rs 13.33 Lakh in this year’s budget, as presented by the previous Management Committee in the last AGM. It is a difficult task of managing the finances and mobilizing resources. The clearing of the blocked sewage lines in each block, perhaps not attended to hitherto, requires additional funds not budgeted. Considering these demands, deficit and the present expenditure and attempted economy measures, a Working Group of the Management Committee has suggested a minimum rise of 45% in the maintenance fee from the present rates, to break even Further, keeping in view that the current maintenance charges were fixed during the year 2002-03 and there has been significant rise in the price indices and the costs of the services, the last AGM had directed a review of the maintenance charges to various blocks (A,B,C,and D) under different expenditure heads. A committee with members from all blocks is being formed to relook into the aspects of various heads of expenditures and to suggest a costing model for the recovery of the expenses on the maintenance services, economy measures, creation of Reserve Fund and Infrastructure Renewal Fund. This would however take some more time to have this new cost model generated, reviewed and passed in an SGM.
In the mean time the MC decided, as an interim measure, to increase rates of maintenance charges (@ 40 % increase, rounded off to next higher multiple of Rs 5’s) to be levied form the all categories of residents -- owners and tenants, effective 01 Oct 2008 (all charges are inclusive of usual 5% towards reserve fund). The new maintenance charges will be levied from 01 Oct 08 & are effective from quarter starting from 01 Oct 08. (* Rs 150 for occupied flats and Rs 50 unoccupied flats remains unchanged). The water charges are proposed to be charged block wise at rates based on actual consumption. They are being worked out and will be announced for each block. Those who have already paid the charges for the current quarter (starting from October 2008) can pay the difference right away or along with the next quarterly payment without levy of any penalty. Other terms remain the same MC expects full understanding of the situation and cooperation by the members of KVAOA, and immediate compliance. With best regards and Sincerely yours AR Acharya, President
SUDDENLY IT IS DIWALI….. Dear Members and Residents : KVAOA wishes its Members and Residents a HAPPY DIWALI And a Prosperous New Year 1 The last Annual General Body met on 28 Sep 2008. The lately elected Management Committee has taken over since & is presided over by Dr AR Acharya The other Office Bearers are : Mr AK Chakravarthy - Vice President, T Narayanamoorthy - Secretary, Ms Banumathi Jitender – Treasurer and Mr V Hariprasad – Joint Secretary Other Members of the Management Committee include : Mr Bojji Reddy, Mr D Chandramouli, Mr PN Krishnan, Mr S Padmanabha Iyer, Mr RV Reddi, Mr PC Roy Ghatak, Mr BP Shastry, and Mr V Swaminathan 2 The Association has sought the Profiles, Co-ordinates, Vehicle[s] ownership[s] and other details from all the members – such as those who are staying in the campus and those outside the campus -- through a circular. Kindly return the particulars so we may communicate reliably and faster with you all 3 The Bye laws are being re-visited. Please spend some time and propose your suggestions so we may collate the changes and present in a forthcoming SGM 4 The Association had, to perforce, raise the maintenance charges to meet the enhanced outflow. Details are shown elsewhere in these pages
5 So you have some more ideas to help run the Association better – do write to us, then to : Administrative
office : kvaoaynk@dataone.in,
Help us build a A Happier KV – A Greener KV : sincerely - KVAOA , Diwali Day 2008
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