What actions can you take against your colony’s RWA?

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The group of house owners in an apartment or society is called the Apartment Owners Association or AOA. The association is also known   as Resident Welfare Association or RWA.  The responsibility of electricity, water, roads, parks, clubhouses, street lights maintenance, repair, as well as security, and other essential services lies with the RWA or the AOA.  Maintenance charges are levied for these works… The maintenance charge is levied according to the size of the house.

All house owners in the society vote and elect the governing body of the RWA or AOA.  the selection of executive members including President, Secretary and Treasurer takes place. The registration of RWA or AoA is done under the Society Registration Act. You don’t have to take membership to become a member of RWA. After buying a house in society, you automatically become a member of the RWA.

What are your rights as a resident or member in RWA? Now let’s talk about that. As a member, your first right is to ask the RWA for a copy of Memorandum of Association and Bye-laws. This will help  you in finding out  what powers RWA has? what work it will do? What rules and regulations it has made?

There are allegations that RWAs work without elections and are involved in financial irregularities. If you feel that your RWA has done any injustice to you, then, you should first give a written complaint to the President and Secretary of the association.

If you are being threatened or harassed, you can complain to the police as well. If the police do not listen, you can complain to the magistrate.

In case of violation of civil rights, a complaint can be made against RWA in the Registrar of Society. The Registrar of Society can stop RWA from taking illegal steps against you. It can suspend the governing body of the association. In addition, you can complain in civil court as well. The court can order compensation along with a stay on RWA’s order.

Many times RWA or AOA issue arbitarry orders such as a house owner cannot rent his house or flat to a bachelor. Or to even people of a particular caste or religion. RWA has no legal right to tell any house owner who to keep as a tenant and who not to. The DM i.e. District Magistrate or court can cancel such orders on complaints made.

In many places, electricity and water bills are added with maintenance. If the resident does not pay the maintenance charges, then, and he gets a threat that electricity-water connections will be cut-off. Electricity and water supply cannot be disconnected for not paying maintenance charges. But, maintenance service can definitely be stopped. Not only this, cutting off connection without notice for not paying electricity-water bill is against natural justice.

Many times during property sale, AOA or RWA asks for transfer fees from the seller. But, Is it necessary to pay such fees?

Advocate on Record Prashant Kanha in the Supreme Court has said that according to UP Apartment Act, Apartment Owners Association can charge 0.50 percent as transfer fees on  property sale. For this, it is necessary for the association to adopt Model Bye-laws. The money is used for major repairs that will be carried out  in society in future. Any resident has all the right to ask for details of collection and expenditures made by the  transfer charges. It may be noted here that different states have different rules for RWAs.