Exemptions and Additions to ISKCON Property Law

1. Before making any improvements on an ISKCON property, the local management shall comply (where applicable) with building, health and fire codes. Building permits shall be obtained as required by local law before commencing the work. The local GBC Zonal Secretary shall oversee that this guideline is being adhered to. (95)

2. To have a "private" residence on an ISKCON property, someone must have a written legal agreement signed with the proprietary ISKCON entity.

The agreement shall include the following:

a. The property shall remain legally unencumbered.

b. In case any improvements are ever to be made on the residence, they shall comply with these guidelines:

i. That they comply with the ISKCON Law on making "property improvements".

ii. That it shall state whether the improvement is a donation, or a claimed asset of the resident. In the case of a claimed asset, the limit and nature of any compensation shall be detailed so as to avoid any legal complication in the future.

iii. That the written permission of the competent local authorities shall be taken prior to making any improvements.

c. The resident shall maintain the spiritual standards of ISKCON.

d. Reasonable clauses for vacating the resident if required.

e. Any other clauses needed for maintaining good relations and avoiding legal or practical problems between the occupant and ISKCON.

3. If needed or desired, an ISKCON rural community outside India may be permitted to alienate or encumber a portion of its properties subject to one or more of the following conditions:

a. The temple project has excess land which ISKCON cannot fully develop in the foreseeable future.

b. ISKCON property is endangered by a large mortgage, inability to conform to government regulations, or any other cause.

c. The community needs to facilitate householders in order to build up the project in a manner which will not be detrimental to the Deity's interests.

4. If any of the above conditions exists, approval to alienate or encumber may be sought as follows:

a. The local administration and GBC Zonal Secretary must explain to the property trustees how the rural community's property fits under one or more of the above mentioned conditions.

b. In their application, the local administration and GBC Zonal Secretary must also explain how they plan to protect the Deity's and ISKCON's interests providing the following information:

i. Which properties will remain ISKCON's and the Deities' possessions, including lands for temple, Deity gardens, asrama, brahminical and other temple devotees' lodging, non-encumbered rental or income-earning assigned homesteads, temple's cows, temple's agricultural lands, temple-owned Gurukula, temple administration, preaching facilities, utilities, roads, and any other similar areas.

These lands and properties will be designated "Deity property".

ii. Which properties are to be alienated from ISKCON and how they will be used. Such uses could include sale, rental or any encumbered allotment of land for homesteads, privately owned cottage industries, private agriculture and dairy, community government, and any other use not against Krsna conscious principles. These lands and properties will be designated "Non-Deity property".

iii. How income earned from the alienation shall only be utilized for removing danger to the property by paying off pending mortgages or BBT capital loans, fulfilling government regulations, constructing temple buildings, etc., to ISKCON's and the Deities' capital benefit.

iv. Evidence that there are devotees ready and able to invest in buying or renting alienated land.

v. A proposed scheme or covenant on land sale to prohibit use of land for purposes against the principles of Krsna consciousness (as legally as possible).

vi. Statement that the land price is equal to or greater than the local fair market value for such property.

vii. A land use sketch showing where the lands designated in (1) and (2) above will be situated.

viii. Any other supporting information.

c. If the Property Trustees unanimously approve of the proposal and the Deity is situated anywhere on the ISKCON property, the proposal in the above format must be forwarded with the trustees' recommendation to the Executors Committee. The Executors Committee may then approve the proposal demarcating "Deity property" [non-alienable], and "Non-Deity property" [alienable], by two third (2/3) majority. If a simple majority approves, but less than two thirds (2/3), the Executors Committee may forward the proposal to the GBC Body for resolution.

d. After the proposal is approved, the project may be designated as an ISKCON Village Community and the Property Trustees alone can approve proposals from the local management to alienate or encumber land not designated as the Deity's. The Property Trustees shall insure that proceeds from the alienation are invested according to the approved plan.

e. In their order, the Executors Committee shall give specific instructions to insure proper execution and provide safeguards to protect the capital assets as per the approved scheme.

5. In the case of donations of real property or other donations specifically for real estate purchases or improvements, any conditions relating to the property imposed by a donor must be clearly spelled out in writing. The Property Trustees associated with the property must consider the conditions in light of the ISKCON Guidelines for Donations With Conditions, and if they agree in writing that the conditions are within the specified guidelines, then the donation may be accepted.(93)

 

Property Trustees

Duties

1. To have their names included on ISKCON property titles or on holding corporations for properties assigned to them.

2. To see that assigned properties are properly registered according to ISKCON Law and to advise local managers in this regard.

3. To report transgressions of ISKCON property law in assigned properties.

4. To consider proposals of local managers for acquiring new properties in areas under their jurisdiction, and to grant or withhold approval of the proposals.

5. To oversee the tax and legal status of entities owning assigned properties in order to certify that the properties are adequately safeguarded.

6. To give or withhold permission on merit to allow any ISKCON property without an installed Deity to be mortgaged, borrowed against, sold, transferred, or in any way encumbered, disposed of, or alienated.

7. To give or withhold recommendation on merit to allow any ISKCON property with an installed Deity to be mortgaged, borrowed against, sold, transferred, or in any way encumbered, disposed of or alienated.

8. To give written reports to the GBC Body, or the Executors Committee, regarding proposals to move an installed Deity or alienate the property of the Deity.

9. To assist the GBC Executive Committee in saving an endangered property on which installed Deities reside.

10. To be responsible to oversee the relocation of installed ISKCON Deities to a new property ensuring that property sale proceeds are not mismanaged or in anyway diverted so as to decrease the Deity's equity, and that the new property is adequate for the Deities.

11. When assigned by the GBC, to approve purchase of property or perform special assignments regarding property safeguards.

12. Whereas the position of property trustee is of grave importance within ISKCON because the trustee is entrusted with the responsibility of preserving Srila Prabhupada's will, every devotee holding the position of property trustee must therefore:

a. routinely participate in ISKCON activities (temple programs, festival gathering, etc.) or, in the event that trustee doesn't reside within close proximity to an ISKCON temple, maintain a standard ISKCON sadhana program at home and regularly attend major temple festivals such as Janmastami, Vyasa-puja, Gaura-purnima, etc.,

b. regularly associate with ISKCON devotees.,

c. visibly adhere to the spiritual standards expected of any full-time member of ISKCON, and

d. sign the Oath of Allegiance.(96)

Powers

1. To grant or withhold approval to sell, mortgage, borrow against, transfer, or in any way encumber, dispose of, or alienate an ISKCON property under their jurisdiction that does not have an installed Deity.

2. To grant or withhold recommendation to sell, mortgage, borrow against, transfer, or in any way encumber, dispose of, or alienate an ISKCON property under their jurisdiction that does have an installed Deity.

3. To inspect and review on demand an ISKCON affiliate's institutional or corporate records, financial accounts, tax records, or property records in order to safeguard assigned real properties held in the name of the affiliate from being alienated or encumbered due to negligence, error, mismanagement, or other improper acts, or in order to determine if all ISKCON property laws are being followed by the affiliate.

4. To act as required signatories on all real estate transactions involving assigned properties.

5. To act as trustees for any funds held in trust from sale proceeds of the Deity's property until new property is purchased and the Deity permanently and properly settled.

Procedures of Appointment

1. The Property Trustees who have been designated in Srila Prabhupada's will have been appointed for life, except as mentioned below.

2. In the event of the death, or failure to act for any reason, of any of the Property Trustees, there shall be a successor initiated disciple of ISKCON who is following strictly all the rules and regulations of ISKCON as detailed in Srila Prabhupada's books provided that there are never less than three or more than five trustees acting at one time. "No objections" to the appointment must be obtained in writing from the local GBC's, and the Monitoring Executor for the property in question must certify in writing that the change is in accordance with ISKCON Law and Executors Committee policies. The trustees shall be responsible to notify the Executor Committee of any changes so effected by sending copies of all relevant documents to the Secretary of the Executor Committee.

3. Any changes, filling of vacancies, or additional appointments of Property Trustees that cannot practically be done by the Property Trustees as above shall be done by GBC Body, or on behalf of the GBC Body by the Executors Committee, which shall take into consideration the local GBC Zonal Secretary's recommendations. Property Trustees shall be selected primarily from among the GBC members, or alternatively from among senior responsible devotees. At least one Property Trustee shall not be involved in the local management.

(2000)

4. In general, property trustees are appointed for life. However, the property trustee appointment may be terminated under the following conditions:

 

a) On the submission of a letter of resignation to the GBC Body via the ISKCON property office. For the resignation to take effect, it must be either unanimously accepted by the remaining trustees (if 2 or more exist), or, by a decision of the ISKCON property office.

 

b) Upon the death of the trustee or upon the trustee becoming permanently disabled so as not be able to carry out the duties of trusteeship.

c) If the property trustee fails to act within a reasonable time upon a specific proposal related to a property from either the local management, a co-trustee, the ISKCON property office, or the GBC Body, the local management or the co-trustees, may submit a request for removal of the trustee to the ISKCON property office stating the facts of the failure to act. The ISKCON property office may grant the request immediately, if the submitted facts are sufficiently compelling, or it may again formally request the trustee to act on the proposal. If the trustee continues to fail to act, then the trustee shall be removed.

 

Update 2014: If the property trustee is seen to be failing to properly execute his duties under ISKCON property law or is seen to be acting beyond the scope of his authority, then the local management or the co-trustees may submit a request for removal of the trustee to the ISKCON Property Office, which, after hearing the response of the trustee and considering the matter carefully, may grant the request. In the case of a property trustee that is simply not responding promptly to specific requests for trustee action, the local management responsible for the property in question or the local Zonal Secretary(ies) may, alternatively, approach the ISKCON Property Office for permission to bypass such a non-functioning trustee without removing him.

 

d) Temple management can approach the property office to bypass a non-functioning trustee without replacing him.

Regulations

Wherever legally possible, the names of the Property Trustees shall be included on all new and existing titles to ISKCON properties or where applicable as directors or trustees of the controlling Board of Directors or Trustees of the "holding trust" of the property.

The Executors Committee

Duties

1. To implement the specific legal and familial provisions of Srila Prabhupada's will; and to take appropriate steps to insure that ISKCON members duly fulfill their specific responsibilities in relation to Srila Prabhupada's will.

2. To oversee the performance of all Property Trustees in seeing that all ISKCON properties are properly registered according to ISKCON Law.

3. To delegate authority to its individual members for implementing the Property Trustee Principle.

4. To submit an annual report to the GBC.

Powers

1. To delegate authority to individual members to guide and monitor the Property Trustees.

2. To make rules for ISKCON regarding property related standards and execution of legislation and Srila Prabhupada's will. These rulings may be amended or rescinded by the GBC Body at their discretion.

3. To nominate and appoint Property Trustees where none exist or to replace vacancies according to approved procedures.

4. To make recommendations and to propose legislation to the GBC in regards to property matters and Srila Prabhupada's will.

5. To grant special temporary exemptions from placing their properties in the name of ISKCON or having Property Trustees as trustees of the property.