The Election fever in Westend Heights is peaking as I write this blog. Team Pragati, Team Sampark and Independents are sweating it out on the ground making connects with people. Door-2-door campaign is in full swing. Many, infact more of the owners are non-residents. Participation of the non-resident owners is healthy for the vibrancy of the complex. Several of us are engaged in collecting proxies on behalf of non-residents.
I thought, I carry that responsibility to call out some facts before you all before you go and vote on 5th May.
- Birth of WHCAOWA – KSRA 1960 does not permit WHCAOWA-like Association to be created for the purpose of maintenance.
- Membership – Now that the WHCAOWA has taken birth and alive, None of 99% of the owners are members of WHCAOWA by application. The member list that is circulating is “deemed member” list which has no sanctity under KSRA 1960.
- Curtailed Membership – Alright, for a moment, let us give-in and move forward beyond the membership. The list of members under circulation shows that those whose flats aren’t registered by the builder do not find their names….. even for those whose flat registration is on hold conspicuously by the builder. Now, the moot question is – in the period 2010 to 2015, which WHCAOWA member’s flat was registered that they enjoyed membership? Contradictory, isn’t it?
- Voting Rights – So even for a moment, we give-in to the curtailed membership theory, the next item on agenda is that voting rights for those who did not pay maintenance charges is curtailed. Now that’s a clear violation of KSRA, 1960 which says “…..no rule or regulation of a society shall exclude any member from being entitled to vote.” So, as long as one is the member of WHCAOWA, voting rights cannot be curtailed. Only other condition is – if the default in subscription is more than 3 months. What is the subscription amount necessary to be a WHCAOWA member? If anyone knows, may put it in the comment box. …….
- Proxies – The bye-law state the a person or his agent can cast only one vote…. but many-to-one proxies are allowed. I will write on this topic in another blog
- Maintenance Agreement – Anyone remembers the tripartite maintenance agreement that we all gave with one sided signature or ours at the time of possession? Did we all get the signed copy back? That unseen maintenance agreement is perpetual in nature….no end date. Whereas no contract can be perpetual, every contract has end date with mutual renewal clause. Arre bhai, you give your flat on rent…. do you sign perpetual agreement? No…right? You do mention that the agreement is “valid from” and “valid until”…… so why become buddhu here.
The solution to all above problems is only one – KAOA 1972 based Association, starting from the builder filing Deed of Declaration (DoD) u/s 2 of KAOA 1972. I can confidently say if it was not Cdr M S Shama Sundara, we would never have triggered this long pending demand way back in 2013-14. Lucky I am, to have been associated with Shyam, and thus was able to take the cause forward. Finally as we stand today, after long, arduous and futile discussions with the builder, through OS/2915/2017 Bangalore City Civil Court, we have sought direction for the Builder to file DoD under KAOA, 1972. The topic finds mention in NCDRC case CC/1055/2015 as well.
The birth of WHCAOWA has been challenged in a Writ Petition in Karnataka High Court filed in April 2018
Will keep writing on the topic. For now, set eyes on 5th May.