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RWA is collecting parking fees are they authorized to do it
24-Jul-2023 (In Property Law)
I live in a private developer built, multi storey apartment complex in Gurgaon, where every apartment is provided one reserved parking spot. Recently the RWA passes a rule during their Special General Body Meeting, that anyone having more than one car would be charged Rs500 per month per car as car parking charges. Are they within their right to collect these charges?
Ask them to show you the purpose of its formation and see your sell/ allotment letter, if it is duly approved by registrar then they may collect, actually this is for the purpose that if one person have purchased one parking space than he/she can not park another car, if it is so he/she may encroach other reserved parking space.
If initially it was not mentioned while selling/RWA purpose, gather you kind people and complain to RWA itself & the Registrar of societies because this is a kind of tax which RWA is not empowered to impose/ lavy, whereas you are already paying maintenance charges on per sq feet basis, If you are not helped by this step then challenge the formation of RWA management with 10% majority members(mandate) before Registrar of societies.
For more accurate advice provide me more information's and papers.
If initially it was not mentioned while selling/RWA purpose, gather you kind people and complain to RWA itself & the Registrar of societies because this is a kind of tax which RWA is not empowered to impose/ lavy, whereas you are already paying maintenance charges on per sq feet basis, If you are not helped by this step then challenge the formation of RWA management with 10% majority members(mandate) before Registrar of societies.
For more accurate advice provide me more information's and papers.
Helpful?
43+
43+
Adv. Shravan Kumar
Gurgaon | 25+ Answers
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Hi, no RWA has any right to recover any such charges, if it has not been written in their constutution, it is illegal and they can not force you to pay such amount. You can send them a legal notice and file an injunction suit against RWA.
For further discussion you can call me.
Thanks
For further discussion you can call me.
Thanks
Helpful?
36+
36+
Adv. Akash Gupta
Gurgaon | 100+ Answers
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