RCOA: Letter to RCOA Committee about their proposal for Betterment funds and Khata


 Hi,

While this information may not be very interesting for majority of the readers, 

I had raised up some questions with the RCOA Management committee and publishing these for other members of the association. This letter was sent on 3/3/2021 8 PM PST.

=============================
Date: Wed, 3 Mar 2021 20:01:30 -0800
Subject: Use of Corpus for paying the betterment charges and partiality shown by RCOA
From: Vyom Khandelia 
To: rcaoa.mgt@gmail.com
Sir/Madam

1. The owners of the RC want to get Khata which unlocks the resale and long term value of their investment. However they are unable to do so as the betterment charges was the responsibility of the build was not paid. The builder inspite of having collected the amount from 85/115 flat owners refuses to transfer this amount to the association or to BBMP (inspite of multiple followups by the owners of the flat),

2. The collection of the amount was not done by RCOA and the builder has provided a list. We also know that the builder list is not correct, as a) multiple people have found the receipts which were not in the builder submitted list and b) multiple people have not found the receipts  at all.

3. Some of the owners have followed up with the BBMP and have found that there is the fixed cost (15.7 lakhs) and fine to be paid to BBMP, before they will process the betterment charge. These owners have contacted the builder and the builder has refused to make the payment. (Is this in writing ?).

4. The owners have come under the aegis for the RCOA, to find out how we can solve this and find the funds to pay for the betterment and fine amounts. They have been able to work with the BBMP to only pay the fixed cost and waiveof the fine.

5. In the past for any improvement of the building and facility, there is precedence to collect additional funds and not disturb the corpus fund. However in this case the committee feels this amount can be used.

6. In this case from the point of view, of people who have paid the betterment fund, this money should be compensated by the RCOA for the fraud committed by the builder  and they should not have to pay extra. However they want that people who did not pay the betterment charge should now pay the RCOA betterment fund drive. RCOA is taking vote for the same

7. From the point of view of the owners who did not pay it to Builder, we have to pay double the fund, 1) from my corpus to compensate the people who lost money due to fraud, and 2) for my charge. RCOA is not giving this as an option and hence not protecting the minority owners.

8. Ideally if we had recovered the collected amount from the builder.  However there is very little chance of recovery of the principle. RCOA is taking the vote if they want to pursue the case.

9. As I have not been able to find my betterment receipt as I have moved to US and cannot find my paperwork to prove or disprove my claim..  However I have been paying the corpus funds since the beginning. 

10. As per the association byelaws,
Corpus Funds means a fund contributed by all the apartment owners and constituted to cater for all future works of emergency nature including but not restricted to repair, renovation, replacement, rectification/modification, and addition, alteration of the building or any other activity of a common cause only in the common interest of the Apartment owners and not in interest of any individual resident.
The money can only be spent for common cause and in interest of apartment owners and in favour of individual resident/s.

11. My claim is that you are asking a set of owners to pay twice for the same charge. Once through their corpus fund contribution and second through additional fund (which is also not recovered for any owner)

12. Furthermore, in my discussions with Mr. Prakash, he has categorically stated that the RCOA will only process the khata for people who have paid the builder (where we know the data is imperfect and needs more scrutiny) or those who will pay the additional betterment charge.

13. As of now, I find that the committee is working against the minority owners and just because they can claim they have the 'vote'. While I am not a lawyer, the vote of the majority cannot take away the equal rights of the minority or make them pay additional funds.

14. RCOA must act in the interest for all the owners and cannot exclude members of the association from Khata processing or asking them to pay additional funds. By doing so, you are showing partiality.

15. If I am wrong in any of my understanding of the current status, please can you reply to my mail for my records. 

Regards
Vyom Khandelia
Owner: L-712

Attached the poll details which clearly shows that there is a double charge for the minority owners


 

 
 

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