Resident Welfare Association powers for levy maintainence charges

792 votes

In response to your query: No, the Resident Welfare Association (RWA) cannot charge different maintenance fees for the same flat based solely on whether the occupier is an owner or a tenant. The law treats both owners and tenants as occupiers of the property, and maintenance charges should be based on the flat’s size or other equitable criteria, not on the nature of occupancy. Applicable Law: 1. The Societies Registration Act, 1860 (in states where RWAs are registered under this act) governs the functioning of RWAs. It typically does not support discriminatory practices like differential maintenance charges. 2. Model Bye-laws of Apartment Owners' Association (AOA): These bye-laws may apply if the RWA is registered under the Apartment Ownership Act, 1983 (or similar state-specific Acts). These acts mandate equal treatment of all flat occupiers. 3. Consumer Protection Act, 2019: If the RWA levies such discriminatory charges, the affected party (tenant or owner) can approach consumer courts alleging unfair trade practice. If there is such discrimination, it could be challenged legally as RWAs are expected to treat all occupants uniformly concerning common area maintenance. Adv. Mahinder Singh Mavi

Advocate Mahinder Singh LawRato

602 votes

Hello Sir/Mam RWA is having its own set of rules. its depends on society to society. Rest depends on the matter. You can contact me over phone call or whats app for further assistance or advice. Thank you Advocate Kuber Hooda

Advocate Kuber Hooda LawRato