PRESTIGE BELLA VISTA FLAT OWNERS WELFARE ASSOCIATION - PBVFOWA 12 November 2017 Dear PBVians, We have been receiving various queries, particularly from the social media in addition to emails on issues concerning Prestige Bella Vista. We have now tried to compile/ collate the concerns raised and address the same. It is our endeavour to reach out to PBVians every third Sunday and update on all matters. We request all to attend the same and give the office bearers a patient hearing. Meanwhile please find below our replies/ clarifications. We also request all to avoid selectively quoting on social media from this communication which changes the direction of the discussion, sometimes on presumptions leading to unwarranted inferences. a) About PBVFOWA Why it came into existence, early activities Prestige Bellavista Flat Owers Welfare Association ( PBVFOWA ) was founded in 2013 and it was duly Registered with Serial No. 321 of Year 2013, under Section 10 of the Tamil Nadu Societies Registration Act, 1975. There were 15 members at the time of formation. A bye law was adopted which at that time was not empowered to run the affairs of the colony. It was envisaged that it will eventually merge with the builder facilitated association. At that point of time it was more of like minded people who had invested and were stationed in Chennai to follow up on the progress periodically by physically visiting both the Prestige Management as well as by visiting the site. It was a kind of check in place as all investors in PBV ( particularly those who were not in station ) were depending on the periodic handouts/ mailers of Prestige Management. While we can broadly state the nature of activities, it would not be possible to enumerate each and every activity that the association did. Till about September 2015, the office bearers had periodic meetings with the Prestige management who in turn were also appraising the members about the progress. At that time the meetings centred mainly around: i) Whether the construction was on schedule for delivery by March 2015 as committed in documents. While doubts were raised about the adherence of the time line, the Prestige management maintained even as late as Spetember 2014 that flat will be ready for handover by March 2015 ii) It was invariably asserted by the Prestige Management in periodic meetings that all constructions were in line with the CMDA approval. iii) Specific steps taken/ replies given to CMDA after special audit post the Moulivalkkam building collapse. While specifics were not shared, it was assured by Prestige Management that CMDA was satisfied with the on going construction iv) Status of car parking ( availability and allotments ) as the CMDA approval was at variance with the commitments being made by their marketing team. v) Other sundry issues. All meetings were cordial and we were invariably assured that all is well.
Page 2 of 7 Activities of the association post Jan 1 2016 have been covered as answers to various other queries. In addition to the same association also facilitated cultural programmes on various days of importance. b) AGM of 15/05/2015 A meeting ( AGM ) was held on 15/05/2015 at Anna University Alumini Club and the following were discussed: a. Completion Certificate for the building pending from CMDA and Flat handover issues b. EB connection for the Flats and Generation connection c. Car parking allotment and Basement Car parking arrangements d. Club House amenities, construction quality and e. other issues c) EGM of 26/01/2016 The meeting ( AGM ) in Akshya Bhavan was held on 26/01/2016 in which the following were discussed among others: a. Approval to add Members who applied and requested for membership, and increase the size of Office Bearers and EC members b. Election of New Office Bearers and Executive Committee Members due to Resignation of all Office Bearers and EC members on rotation New members were also admitted on that day. Office Bearers and Executive Committee members were also elected in 26 th Jan 2016 as the existing Office Bearers were due for change in terms of the rotation policy as per the then association by laws. On that day a fresh set of Office Bearers took charge. We would like to clarify that some of the office bearers did resign in Feb 2017. As elections to the association is not possible / feasible every time an office bearer chooses to resign, in terms of the existing bye laws other office bearers filled in for the said posts for the interim period till a new election is conducted. d) Law Suits filed a. Only one In the Court at Sriperumbudur in April 2017 It is for injunction restraining the builder to not to build an MLCP without appropriate approval ( both statutory authorities and consensus of PBV flat owners ). Matter sub-judice. Please note that this does not restrain the builder from continuing any activity for which he has appropriate approvals. b. Other Miscellaneous:
Page 3 of 7 - Legal Notice to CMDA in April 2017 to prempt and ensure that the builder does not deviate from approvals on record - As no reply was received a Writ of mandamus was filed to direct the said authorities to reply to association. e) Why a Law suit Events leading up to the same The law suit was not filed in haste as is being projected by a section of the community. There were a series of meetings with the Prestige Management spanning over a year placing our apprehensions. We would like to place at least a few of the important events/ incidents preceding the same which are as under: a. Rally and submission of a memorandum on 3 rd April 2016 to Prestige management b. Meeting with Prestige management on 11/06/2016 ( Refer minutes circulated ) c. Meeting with Prestige management on 12/08/2016 ( Refer minutes circulated ) d. Meeting with Prestige management on 10/09/2016 ( Refer minutes circulated ) e. Meeting with Mr Stephen on 26/11/2016 f. A massive protest rally and submission of memorandum to Prestige management on 04/12/2016. This memorandum was personally handed over by association members to Mr Stephen in Prestige Polygon office. g. Decision to convene EGM on 12/02/2017 which interalia had the decision to go legal as an agenda. h. A mail from Prestige management that they are going ahead with construction of MLCP in Feb 2017 i. Case filed in April 2017. As seen from the above, the case was not filed in haste. Utmost restraint was shown by the association and only after interaction of over an year yielded no results decision to go legal was taken. It was done only as a last resort. Post the December 4 th 2016 protest and submission of the memorandum to Prestige Management, there was a strong undercurrent for firm action in view of the stubborn attitude of the Prestige management. So an EGM was called on 12/02/2017 for which a proper notice was given to all members. A meeting was conducted after proper quorum was present. Please note that as per the then bye laws If required quorum is not- present, the meeting shall be adjourned for Half an hour on the same day. No quorum is required for the adjourned meetings.... The business for the day was transacted which included passing of resolution pertaining to going legal. The resolution was passed by a show of hands which indicated massive majority in favour. This practice of passing resolutions by show of hands / majority is adopted even the highest seat of democracy in India the Parliament. Once the approval of the EGM was
Page 4 of 7 obtained the office bearers completed the administrative work of liaising with the lawyer and appropriate legal action. Hence it is not fair to conclude that the legal action was taken behind the back of the community. It would not be out of place to mention here that the attendance for any meeting called by association or even Prestige management has never been more than 200 ( usual strength is only about 100 ) despite adequate notice. At this stage and in hindsight it would not be appropriate to pass comments on the decisions of the flat owners and purchasers who had taken their time out and attended the meetings and contributed to the deliberations. As the subsequent actions were more administrative in nature and till now no decision has been pronounced, we have not had any other communication save and except our clarifications in periodic meetings of association. f) Elections Whether recognition by Prestige mandatory? Basics required for declaring election schedule Recognition of PBVFOWA by Prestige management is not mandatory. What is required is that Prestige Management should interact with the association and share owner data to make this inclusive for all 2613 flat owners. Otherwise the existing members will only be able to go through the process. Association is not individual centric. But resigning en masse would lead to a vacuum and hence have suggested that they are ready of elections. The association had done all that it needed to do by way of filings at Registrar s office and was only waiting for the formal approval. We are very glad to inform you all that the bye laws which were amended in the AGM dated 4 th June 2017 has since been approved by The Registrar of Societies, Madras South, Tamil Nadu. The revised Bye laws are already hosted in the Official Website of the Prestige Bella Vista Flat Owners Welfare Association. Now that the approval is in place, the association is taking immediate steps for rolling out the election process. For this the association has already done the following: a) PBVFOWA has already sent a formal communication by way of a registered letter to the builder M/s Prestige Estates Projects Limited, intimating them of the approval for the revised Bye Laws. b) Formally requested the builder to share with us the complete details of the 2613 owners who have purchase apartments here to enable us to conduct a free and fair election involving all owners of the Apartments of Prestige Bella Vista.
Page 5 of 7 c) Has initiated some preliminary discussions on the formation of the INDEPENDENT ELECTION COMMITTEE PBVFOWA will be inviting nominations for Election committee which will comprise of 5 members. The formation of Election Committee will be through a process of wide consultation so that 5 resident flat owners are finalised who will be acceptable to all sections of the community. We would like to clearly state that the ELECTION COMMITTEE will be an independent body and will not be reporting to the current MC. As is the practice with any organisation conducting periodic elections, the current office bearers will hand over the baton to the new office bearers once the election process, which will culminate in AGM, is over. Once the election process kicks in, current office bearers and the MC will only be holding positions in care taker capacity. This is for the sake of continuity as an organisation. This practice of holding positions in care taker capacity is followed even during elections to the highest set of democracy in our country i.e the parliamentary elections. This time the current Office Bearers and the entire Management committee team will stand down to pave the way for election of a completely new team. Among them the President/ Secretary and other office bearers will not be contesting also. The other MC members will also be standing down. However they would be eligible to contest afresh. Needless to say, it would be the members of the PBVFOWA who will be participating in the election process who will be deciding the fate of the current MC team for the future continuation. Contrary to certain opinions expressed in the social media they will NOT be continuing AUTIMATICALLY and will have to get re elected afresh. THE NEW TEAM WILL BE OBVIOUSLY FULLY EMPOWERED TO TAKE ALL DECISIONS IN THE LARGER INTEREST OF THE APARTMENT OWNERS OF PRESTIGE BELLA VISTA. g) Why the current association is wary of Prestige management now trying to form a parallel association. Please look at the following to appreciate the commitment of Prestige Management for formation of association. i. On 11.06.2016 Prestige management said that Minimum occupancy of 60 % is required to be residing inside the premises In the meeting held to form an effective association We refuted their contention. We said as per Act it was 25% sale of flats. We were very clear that people have been residing here since June 2015 and it is not always possible for the
Page 6 of 7 ii. iii. flat owners to take up individually. Hence the need for an association to take up common causes. On 12/08/2016 Mr Stephen informed that the management has agreed and they have initiated the process, a team from prestige will visit and discuss with group of owners and will start the process in one month time. We insisted that there was a need to share a communication with timeline to all owners immediately. On 10/09/2016 the following happened Prestige Comments To form association, Prestige has already taken necessary steps 3 weeks ago and will complete the process by 15 th Jan 2017 (Before Pongal) Reason stated for time required till 15th Jan 2017 Non Availability of entire database of residents Not able to communicate with all residents Mr Ravichandran has been nominated as the contact person for taking forward the activities related to association formation. The dates proposed by Prestige was rejected outright by us and we wanted to have the association formed by 31st Oct 2016 as this is one of the most important aspect to negotiate with and take major decisions along with Prestige. We showed our willingness to support Prestige in speeding up the process, as the reason cited by Prestige was not at all acceptable iv. On 26/11/2016 Mr. Stephen informed that their legal department has made a by laws and sent it for reading and confirmation by advocate in Chennai to check on legality in Tamilnadu. Once advocate approval is received the by laws will be sent for registration. The next step is to get the numbers and register the association with residents. Mr. Stephen informed that the draft of by laws will be circulated to residents by 3rd December 2016. v. A hard copy of very poorly drafted by law was handed over to one of the residents on 03/12/2016. Despite its shortcomings, some members of the association took time out to correct/ change the same to suit the needs. vi. A meeting with the legal counsel of Prestige was organised two weeks later and we were shocked to get a completely new set of bye laws. We obviously could not do anything on that day. vii. Meanwhile the original date of 15 th Jan 2017 passed peacefully without anything happening. viii. After a lot of cajoling and representations a meeting was organised by Prestige on 11 th March 2017 ix. Then till June nothing happened. It was only after this that the association passed the Bye laws which were debated / agreed by residents (including in those in the meeting called by Prestige management dated 11 th March 2017 ) in the AGM of 4 th June 2017 after following appropriate process. The revised bye laws were not only circulated by mail, but they were also placed on the notice board of each and every tower.
Page 7 of 7 All the above mentioned are facts which are documented in minutes of meetings with Prestige management. It is in this background that we feel that Prestige is not sincere about association formation and has a different agenda.. Trust this clears the air, Yours Sincerely, -SD- SECRETARY PBVFOWA