Monday, October 26, 2015

Update about recent changes about Mararo court management

Dear Houseowners


As rumors are spreading these days, we would like to clarify recent event and changes about the management of the Mararo court.

Over the last week, a conflict between SEDCO management (our management company) and our care taker, Arisa has emerged. SEDCO has hired Arisa to be the SEDCO representative in our compound and therefore, we believe that this conflict has to be sorted between the employer and the employee.  Also note that as an interim committee, we cannot legally hire people as we are not (yet) a registered company, and therefore cannot fulfill the legal requirements of an employer.

Mararo Court owners have delegated the transition from the developer as well as the interim management of the court to the interim committee, who therefore has the right and obligation to act on behalf of the owners when needed.

Given the rumors spreading, Catherine and Mwendwa called for an emergency interim committee meeting to sit down with SEDCO to understand what was going on and to re-evalutate our collaboration.We tried to call as many interim committee members as possible and only Florence could join on such a short notice.

We believe it is pretty unprofessional to wash dirty linen publicly, and do not want to share any accusations here. But given the written information we came across, the interim committee felt that trust between us and Arisa has been broken to an extent of no return and have shared this feeling with SEDCO. Given the fact that Arisa is still on probation, SEDCO can  and will legally release him of his duty by the end of the month.

We discussed consequences of this change with SEDCO, who propose to operate without a care taker, as during the day 3 SEDCO employees are on the ground and can inform the head office any time in case of an issue. SEDCO is confident that they can run the court in this way without quality loss, reducing our service costs by 23 000 KES a month.

As the interim committee, we have the mandate to manage the court to what seems to us to be the best options to insure safety and good quality of life with the means we have. There are decisions that have to be taken by a small amount of people who have the information and know what is going on, rather than consulting a large group of uninformed people, especially when it comes about preserving the reputation of people that are working for us. The house owners meeting is not a court to judge upon behavior and misbehavior of SEDCO employees.

From the insulting e-mail and phone call, we have understood that some house owners are not happy with the current management. Catherine, Mwendwa and Florence are happy to step down from the interim committee under following conditions :
  • A detailed plan, including the description and responsibility for each process for management of the court is submitted in a writing and is judged professional enough to ensure a smooth transition. This plan should also include a plan of action with deadlines for handing over from the old interim committee to the new one as well as the handing over of the house-owner company from the developer.
  • The exiting interim committee members are legally discharged from any liability.
  • A house owner meeting that reaches the quorum accepts the new plan of management and handing over from the developer.
If we understand correctly, some owners would like to discuss this today. We will not be present at this meeting, so that you can discuss optimal management and come up with a new management plan. We are still work on making all necessary document available on this site (including receipt for all the costs) and hope to be able to make everything available to you by the end of the week. Please note that most of our service providers have a 2 months termination clause.

Unless there is a clear taking over, supported by a house owners meeting with quorum, we feel it is our responsibility and duty to ensure the safe and efficient management of the court, as per the mandate that was given to us from the house owners meeting on the 9th of May. We will therefore not step down before a new viable management option has been proposed and is voted by the house owners meeting with quorum, as it would leave the court in vacuum and allow for mismanagement.

Clearly, we are still in a transition, learning how to run the court smoothly and getting all necessary procedures to take over the house owners management company from the developer. We hope that we can manage all this before Christmas (as some of the interim committee members are in weekly contact with the developer) and have a first official annual house owners company meeting early January, during which we can evaluate the management and share some lessons learned. Also during this meeting an official management committee has to be elected to replace the existing interim committee.

We are sorry to hear about all the mistrust, and truly hope that this page will allow you to understand better the hard work we do as volunteers next to our full time jobs.

Catherine, Mwendwa and Florence




15 comments:

  1. Thank you for your diligence, Interim Committee. Given that we've contracted SEDCO to manage the court, we should support them as they run the court until we replace them with a different management company next year if we decide to do that per the last meeting minutes circulated. I support your actions. Ngwing. B32

    ReplyDelete
    Replies
    1. Thanks for your support! We truly try our best but it is a challenging task. Catherine

      Delete
  2. I do propose news member join the interim Committee to replace the 2 that stepped down That way the committee will be more representative of the homeowners.

    ReplyDelete
    Replies
    1. Thanks for your comment, it would be nice if you could sign so we know who you are. Who two are you referring to? Three people have signed this post. What about all these people in the interim committee that have committed but have never contributed? Should they step down too?
      As said in the post we (3!!!) are happy to hand over to you if there is a handover plan that insures smooth transition. We are working very hard to put all documents we have online, so that you can access them and prepare for a take over. Let me thank you in advance for doing this, it is great that owners want to commit more. It is always good to have more eyes looking at these complex legal matters. Catherine

      Delete
  3. Why is the Interim Committee taking or making Unilateral decisions?If indeed Arisa had a case to answer members should have been notified and he be subjected to a fair hearing and i believe prudent HR principles dictate that he should have been formally warned ,if indeed he was on the wrong.

    The management committee should represent the views of Homeowners and not Sedco.

    IVE BEEN ASKING REPEATEDLY FOR RECEIPTS OF ANY TRANSACTIONS DONE but my emails go unanswered,??

    Eddy

    ReplyDelete
    Replies
    1. Dear Eddy
      from the notes of May 9th of this year, the interim committee has these tasks :
      • Members decided to appoint an Interim Committee to liaise with the developers and to handle the running of Mararo Court until the official handing over.
      • The Committee will be in charge of working with the developers to ensure that services such as the generator, lifts and the borehole are running smoothly, ensuring the service charge has been paid for each month, sourcing for management companies, approving the expenditures by the agreed upon management company and providing up-to-date information to the rest of the owners of Mararo Court.

      We believe that we are fulfilling our tasks at the best we can.
      Sedco will be scanning all receipt this week and you will find them under documents on this site as soon as we have them. Thanks for your patience! Catherine

      Delete
  4. Dear Homeowners,

    A number of pertinent issues have been raised here and we feel that they need to be addressed by the homeowners.

    Today at 5.30 PM,A section of homeowners had an impromptu meeting at Mararo Court,namely:

    1.Muslim Khimji
    2.Sam Moturi
    3.Eddy Gichanah
    4.Madam Maureen

    absent with Apologies
    1. Angela Mburu
    2.Jeff Atika

    The members present proposed a meeting at Mararo Court this Saturday 31st October at Mararo Court From 4.30pm.We kindly urge all homeowners to attend and discuss the way forward with regard to management of Mararo court.Your valued presence shall be highly appreciated.

    Kind Regards

    Eddy Gichanah

    ReplyDelete
  5. Dear Catherine,

    Your mail is duly noted.

    Thanks.

    ReplyDelete
  6. Dear Fellow Mararo Homeowners,

    I fully support and echo the sentiments of Edward, Muslim Khimji, Maureen and Jeff.

    My main concern is the lack of transparency and accountability by the acting interim committee as regards use of funds held at an account with I & M Bank, Valley Arcade branch. I have personally asked Mwendwa for receipts and supporting documents for ALL disbursements, but this has not been forthcoming.

    These receipts ideally should be readily accessible and scanned copies availed to all homeowners. This has not been forthcoming and I feel it is totally unacceptable to have to wait until Friday October 29th, 2015 for the same to be availed. I strongly feel that the receipts and supporting documents are meanwhile being "cooked" to hide questionable use of monies held at I & M bank account. I also want to see a proper bank to book reconciliation done. The onus is on the signatories to this account to clear the air and be transparent and accountable. It is the right of all homeowners to know how these monies are being used and to get value for money for our investment here at Mararo Court.

    Regards,

    Angela Mburu, A22.

    ReplyDelete
  7. Hi all, please accept my apologies as I will not make it for the meeting on 31st October . Rose C5

    ReplyDelete
  8. Hi all,
    Before Catherine,Mwendwa together with SEDCO had a meeting on saturday i requested Catherine to inform all the home owners of the said meeting as from her talk both her,Mwendwa and SEDCO did not want Arisa thus he could not get a fair hearing without other home owners attending, however Catherine she arrogantly ignored my proposal and went ahead with the meeting to fire Arisa.

    This is the text i had sent to Catherine:-
    "Hi i propose that you inform all homeowners about the meeting so that whoever is around can attend, pertinent issues have been raised by Arisa whom the home owners brought on board to take care of their interests."

    And below is the text that the care taker sent to the home owners that prompted Catherine ,Mwendwa and SEDCO to fire him.

    "I went to sedco offices,and actually now it is like they just don't need me to raise any a larm even if things are not working well,they just need me to report to them then we wait hata kama ni emergency.For me I think they are trying to fail my eforts of speeding up the simple common repairs at the same time to hide you on how they spend in the name of maintainance.Why should they be unhappy that am so close to house owners?After all you people hired me, just let me work under the mararo court comittee so that you will have the clear picture on how they operate, what's going with sedco. From Arisa Care taker"

    Was all that done in good faith?

    Jeff

    ReplyDelete
  9. Hi all,
    The main agenda for the Saturday meeting are as follows;-

    Agenda 1. Reconstituting of the volunteering interim committee
    Reasons;-
    Some of the committee members that is Catherine and Mwendwa are too arrogant to the homeowners; they have taken the liberty to run the court without heeding to the home owners views.
    They unilateral make decisions without consulting the home owner’s.
    Homeowner’s request to attend their meetings has always been rejected as they claim they are the only ones who were selected to manage the court.

    A number of the committee members including the chair lady have resigned and some are in active.

    They illegally contracted SEDCO to manage the court at a cost of Kshs 90,000 per month (Kshs 1,080,000.00 per annum) yet we had a lower bidder KERADEN who had quoted Kshs. 57,600 (inclusive of VAT) (Kshs 691,200 per annum) a difference of Kshs 32,400 per month and Kshs 388,800 per annum
    The meeting they purported to have hold to a ward SEDCO the contract;-
    i) Was marred with violence

    ii) Did not have the required number of committee members to form a quorum

    iii) The minutes of the said meeting that was circulated by Mwendwa to home owners were not a true reflection of what took place during the meeting.

    iv) The lowest bidder KERADEN who had quoted Kshs. 57,600 (inclusive of VAT) was never interviewed as it had earlier been suggested.

    v) The voting purported to have been done did not reflect the majority of the home owners views since most of the home owners did not take part in the voting as the voting period was short and most of the home owners are not included in the mailing list.

    Contrary to the reasons they provided for contracting SEDCO on the last meeting held at the court on 3rd October,2015 , KERADEN is a well known firm that manages the following properties;-
    1. Riara Exeter Makindi Rd
    2. Exeter Prestige-Riara close
    3. Exeter Paradise-Riara close
    4. Exeter Rose Rose avenue
    5. Exeter Gardens-Muthangari Rd
    6. Abi Allan Apartments-Komo lane off wood avenue
    7. Riara Thorns-Riara Rd
    8. Laikipia Gardens-Oloitokitok rd Kileleshwa
    9. Krishna Heights-Musa Gitau Rd Lavington
    10. Krishna Gardens- Mwingi Road Kileleshwa
    11. Carlton court-Mararo Road Lavington
    12. Tree line Apartments-Argwings Kodhek Road
    13. Milimani Splendor –Ring road -Kilimani
    14. Skillman apartments-Ruaraka
    15. Muthaiga Valley Apartments Ltd- Parklands
    16. Muthangari Suites Apartments- valley Arcade
    17. Taj Heights- Sports Road Westlands
    18. Riverland apartments-Makindi road
    They have paid out Kshs 21,000 to SEDCO for marking the parking slots yet the contractor had done the same work.
    Together with SEDCO they illegally hired and fired the care taker which is a gross violation of the Kenya labour laws and human rights

    They are intimidating home owners who are speaking out about how they run the affairs of the court to the extent of getting a lawyer to issue out demand letters.

    Thus from the above home owners have lost faith in their leadership and it is necessary that a new team is constituted that is competent, will promote team spirit among home owners and sensitive to the home owners needs.

    The team elected will chair the remaining agendas.

    Agenda 2. Analyzing of funds withdrawn from the I&M bank account against the supporting documents
    Agenda 3. Analyzing of all contract documents for service providers
    Agenda 4. Terms of reference for the care taker
    Agenda 5. Termination of SEDCO contract.
    Most of the home owners have complained about SEDCO poor service and that they are not sensitive to home owners needs.
    Also they were illegally contracted without a majority of the home owner’s consent and it is prudent for majority of the home owners to be given a chance to select a management company that is competent and sensitive to the home owners needs.
    Agenda 6. Insurance

    Agenda 7. Security firm

    Agenda 8. Monthly expenditure for the court
    Agenda 9. Mararo court by laws

    AOB
    i) Frequency of home owners meeting





    Jeff




    ReplyDelete
  10. Hello Everyone,

    This is to inform all Home Owners that the Bank account is "open" and operational.

    Muslim Khimji

    ReplyDelete
  11. I am still convinced that as owners we signed for shares of an owners company that we were mandated to pay before occupation. 100 houses times 5000 making a total of 6m per year. 5000 is alot can we in the interim pay 1k to pay for cleaners after all the compound is very small entrance is one we dont need alot of guards. if we have our company we could be building shares and investing elsewhere. think about it all. This set up might bring corruption.

    ReplyDelete