If a person do not know about the rule regulation of association and draft letter, I can accept such kind of mistake. But here is not a case of lack of knowledge. ppl who involve in drafting have multiple years of experience of association and know in and out of the association.
All rules are drafted to give advantage to specific ppl and target to keep few ppl out of election.
Please note all process/bye-law/eligibility are clearly mentioned in UP apartment act and everyone have to follow act to form AOA.
Regards
Aftab
I think the purpose of GBM is to form and approve election commitee and the governing rules. The intention is very clear. Somebody had put draft rules which may be vetted in GBM, may be deleted or kept.
President and others have done their good roles of bringing the matter before the residents in GBM.
As is evident in trail mails, we should not derail the process by behaving like a super cop or by issuing superficial threatenings of legal prosecution against any body which is totally uncalled for and is simply over reacting.
We should rather focus on reaching on some positive conclusion in GBM, rather than keeping the things in deadlock or controversial.
Ashok
Date: Thu, 26 Jun 2014 10:30:12 +0530
Subject: Re: Fwd: Gentle reminder about the GBM on Sunday 29th June 2014 at 4.00 P.M. and on related process
From: kush.pawan@gmail.com
To: assotechthenest@googlegroups.com
CC: 75chhabra@gmail.com; allassotechresidents@googlegroups.com; AssotechNest@yahoogroups.comAgreed that the election peocess should be conducted by the Election Committee, as would be decided in the GBM.Also if I remember correctly, Mr Krishnan had resigned from his position of the convener NRWA then not sure why so much interested in the position and started acting as a convener again.Regards,PawanOn Thu, Jun 26, 2014 at 10:05 AM, 'santoshk_tyagi' via Assotech The Nest <assotechthenest@googlegroups.com> wrote:
Logically and legally correct.
Thanks
Santosh Tyagi
E243
Akhil Pal Chhabra <75chhabra@gmail.com> wrote:Dear Nest NRWA/ Mr.Krishnan
I appreciate your initiative to call for GBM to start the process of election. But this is surprising Mr. Krishnan that you being a convenor of dissolved body acted like a chief election commissioner as the way you drafted an absurd and illegal clauses of eligibility of election nomination for candidates and process thereon without any authority. Although I understand it is a draft but some logic must be there before drafting such nonsense criteria as mentioned in the note you shared. As many residents objected on your note , under such circumstances residents have a doubt on you being a convener and I advise , you yourself barred from attending the GBM as you being a person creating a heated atmosphere among the residents before the election starts alongwith your fellow colleagues who are assiting you in such mischievous acts.
For your clarification and knowldge, election for apartments owners association under the U P Apartment Act 2010 shall be conduct as per bye laws prescribed under the Act and criteria for eligibility of candidate for nomination is attached herewith for your perusal. As per the attached rules no legal heir can become a member and nominate for office bearer for the association. Only Flat Owner can become a member and office bearer of the association. Further no criteria prescribed for nomination and voting in relation between buyer and developer/builder for litigation for deficiency in services. Every person before or after formation of apartment association has full legal right to take legal action against the developer/builder any time. Rather Apartment Owner Association itself has the full right to take legal action against the developer/builder for the welfare of residents, if need arise.
Please note this time I am leaving aside you for any violation and misbehaviour in the process of election as the way you drafted and shared the draft election procedure note. In future if you or anyone acted in any such illegal activity in the election process , I am sure the person will have to face legal consequences.
Since as on date NRWA stands dissolved and GBM is called for Sunday i.e. 29th June, accordingly on Sunday GBM will appoint Election Committee and Election Officer who will declare election rules and regulations and will conduct the election in a transparent and fair manner with the approval and consent of GBM.
Mr. Krishnan please note now your role as a convener and your fellow colleagues of adhoc NRWA role stands over and thank you so much for your efforts. I request not to create any controversies in future and do not start any mail trail on this subject in the warm interest of residents.
All the best and good luck!!!
Best Regards
Akhil Chhabra
sent from my samsung Galaxy
Enc: Note attached.> ---------- Forwarded message
> From: The Nest RWA <info@thenestrwa.com>
> Date: Wed, Jun 25, 2014 at 1:14 PM
> Subject: Gentle reminder about the GBM on Sunday 29th June 2014 at 4.00 P.M. and on related process
> To: "allassotechresidents@googlegroups.com" <allassotechresidents@googlegroups.com>, "assotechthenest@googlegroups.com" <assotechthenest@googlegroups.com>, assotech-group <AssotechNest@yahoogroups.com>
>
>
>
>
>
>
> NEST ASSOCIATION OF APARTMENT OWNERS (NEST- AAO) (TO BE REGISTERED)
>
> ASSOTECH THE NEST, CROSSINGS REPUBLIK,
>
> NH-24, GHAZIABAD, 201016
>
>
>
> Dated 25 June 2014
>
>
>
> GENTLE REMINDER ABOUT THE GBM SCHEDULED AT 4.00 P.M. ON 29 SUNDAY, JUNE 2014
>
>
>
> Dear Residents of The Nest
>
>
>
> This is further to the notification of May 9, 2014 about the dissolution of the ad-hoc body of the NRWA and the election of the First Board of Management of the Nest Apartment Owners Association to be formed and registered, issued by Mr. Gurmukh Singh ( outgoing President of NRWA).
>
>
>
> Shri Gurmukh Singh had allocated the job of modulating the process of Elections and drafting of related circulars, nomination forms etc to all the residents who will help in finalizing the same and get them ratified at the GMB scheduled on Sunday June 29, 2014 besides electing two/three election officials for smooth conduct of the election.
>
>
>
> Accordingly I am sending with this mail two attachments as detailed below:
>
>
>
> 1. Draft Circular regarding the process envisaged for the conduct of the election.
>
>
>
> 2. Draft Nomination Form
>
>
>
> Please feel free to suggest additions/corrections.
>
>
>
> Please co-operate for the smooth conduct of an election which will ultimately result in the formation of the First Board of Management of Nest Apartment Owners who will take the NAOA to exemplary and emulative status, keeping in view of welfare of all the residents.
>
>
> PLEASE CONFIRM YOUR ATTENDANCE FOR THE GBM ON 29.06.2014
>
>
>
> Best wishes and regards to all
>
>
>
> V. Krishnan
>
> C-205, 9811211083/8802968595
>
>
>
> Copy to: Shri Gurmukh Singh
>
>
>
>
>
> --
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>
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