94+ Lawyers are online 
Can RWA implement parking fines?
31-Aug-2023 (In Property Law)
The RWA has cited the bye-laws of our society which referes to common area. They have connected this bye law to parking of residents's vehicles designated for vistors only as non-compliance and have inposed fines. 1stoffence as 500, 2nd as 1k and 3rd offence as towing of the vehicle. I wish to know if any RWA can impose such rules and fines?
A Delhi court has put resident welfare associations (RWAs), managing affairs in colonies built by Delhi Development Authority, in serious financial crisis by ruling that they have no right to levy monthly maintenance charges from house owners.
Aruna Bhandari of south Delhi's Munirka Enclave refused to pay maintenance charges for years. When the arrears ran up to Rs 22,240, the Munirka Enclave RWA through its president Col H C Saroha in 2006 filed a civil suit seeking recovery of the arrears.
Saroha said, "Bhandari had not been paying the maintenance charges of Rs 200 per month which are being paid by other residents." Bhandari countered it saying, "The RWA has no power to apply the provisions of Apartment Ownership Act, 1988 as its provisions are applicable to multi-storied buildings."
She said her flat was not situated in a multi-storied apartment complex and was being maintained by DDA and civic bodies for other work. The RWA conceded that the colony was maintained by Municipal Corporation of Delhi (MCD).
Civil judge Sidharth Mathur dismissed the RWA's suit and said, "Any RWA can have power to collect maintenance and other charges under two conditions: the first is that the properties for which the RWA has been constituted are a part of multi-storied building complex as the erstwhile Apartment Ownership Act, 1988 provided."
Discussing the first point, the court said under the 1988 legislation, a multi-storied building must have four floors. None of the residential colonies constructed by DDA has four floors, the court noted. "Admittedly, the original authorized construction of the building in question was, that it had a flat on the ground floor, a flat on the first floor and then there was a duplex. Therefore, there are three apartments and same does not fall with the category of multi-storey," the judge said.
The court said the second condition was that if DDA had not handed over maintenance of the colony constructed by it to MCD for maintenance, the RWAs could collect monthly maintenance charges if they had a separate agreement with the DDA to do so.
"Once it has been admitted that the property has been handed over to the MCD, the RWA which was registered with the DDA for the purpose of collecting maintenance (charges), loses its right to collect this maintenance," the court said divesting Munirka Enclave RWA from collecting the monthly charge.
Rejecting the suit by RWA, the court said, "I find that the RWA in question has no legal right to collect maintenance from Bhandari as the property has been handed over to MCD and taxes and other charges are to be collected only by MCD, it being the maintenance agent."
Aruna Bhandari of south Delhi's Munirka Enclave refused to pay maintenance charges for years. When the arrears ran up to Rs 22,240, the Munirka Enclave RWA through its president Col H C Saroha in 2006 filed a civil suit seeking recovery of the arrears.
Saroha said, "Bhandari had not been paying the maintenance charges of Rs 200 per month which are being paid by other residents." Bhandari countered it saying, "The RWA has no power to apply the provisions of Apartment Ownership Act, 1988 as its provisions are applicable to multi-storied buildings."
She said her flat was not situated in a multi-storied apartment complex and was being maintained by DDA and civic bodies for other work. The RWA conceded that the colony was maintained by Municipal Corporation of Delhi (MCD).
Civil judge Sidharth Mathur dismissed the RWA's suit and said, "Any RWA can have power to collect maintenance and other charges under two conditions: the first is that the properties for which the RWA has been constituted are a part of multi-storied building complex as the erstwhile Apartment Ownership Act, 1988 provided."
Discussing the first point, the court said under the 1988 legislation, a multi-storied building must have four floors. None of the residential colonies constructed by DDA has four floors, the court noted. "Admittedly, the original authorized construction of the building in question was, that it had a flat on the ground floor, a flat on the first floor and then there was a duplex. Therefore, there are three apartments and same does not fall with the category of multi-storey," the judge said.
The court said the second condition was that if DDA had not handed over maintenance of the colony constructed by it to MCD for maintenance, the RWAs could collect monthly maintenance charges if they had a separate agreement with the DDA to do so.
"Once it has been admitted that the property has been handed over to the MCD, the RWA which was registered with the DDA for the purpose of collecting maintenance (charges), loses its right to collect this maintenance," the court said divesting Munirka Enclave RWA from collecting the monthly charge.
Rejecting the suit by RWA, the court said, "I find that the RWA in question has no legal right to collect maintenance from Bhandari as the property has been handed over to MCD and taxes and other charges are to be collected only by MCD, it being the maintenance agent."
Helpful?
28+
28+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Are RWA rules legally binding?
You can file a complaint or civil suit. As no one has the right to stop the owner from entering, you can file a civil suit or lodge a complaint. If RWA discovers any unpaid debts, it can file a civil lawsuit for recovery in civil court. It cannot make law.
What are the powers of RWA president?
What is the Resident Welfare Association presidents role? The Resident Welfare Association president has to preside over meetings of the governing and general bodies, supervise the work of all office holders of the RWA concerned, and operate the bank accounts of the society. 30-Mar-2023
What is the function of RWA?
RWAs must be registered in accordance with the Societies Registration Act of 1860 and operate according to their bylaws. RWA members typically have to clean and maintain the pathways of the society and the areas under their jurisdiction.
How can I file complaint against RWA in Bangalore?
You can contact the Registrar of Societies in your area if youre not satisfied, particularly if you feel you were overcharged for services or incorrectly charged. The Registrar can cancel the associations registration. 08-May-2023
RWAs can impose fines and penalties for violating the rules set forth by the association. Usually, these actions are taken only after a due process has been followed and the residents have been notified.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
