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Kishore Kumar (IT)     16 January 2024

Maintenance increase in rwa registered society

We are part of Management committee in a RWA registered housing society . We called for a General Body and increased the maintenance based on Majority voting . However as expected there is resistance from certain sect of people post the resolution in general body after few days 

As we understand as per RWA and even in our Bylaws , maintainence increase has to be decided by General Secretary and President and communitcated ( so as we understand a bylaw resolution is not needed in this case, but we still took it )

Below are the clarifications needed 

1. What proceedings and approach  can be taken against the once who would not adhere to the increased maintenance 

2. People showing resistance , do they have any legal say at all 

3. What does RWA rules say about maintenance decisions ( is the understanding mentioned above accurate) 

Thank you 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 January 2024

1. The decision for enhancement or increase in the maintenance amount was decided by a general body  in a meeting by a resolution passed by majority members, hence it is legally enforceable and valid, therefore you may implement the decision and send demand notice to all the members as per the procedure. If anyone is not paying the same, you can take action for recovery as per the bylaws for recovery of meaintenance amount.

2. Ignore them and follow the procedures of bylaws in this regard.

3. What rules says about this is not a  matter of concern or question of law here, you have been authorised by the majority of members of the ssocaition to enhance the maintenance amount and collect it from the next date as decided, hence don't bother about any other issue. 

There are no fixed rules as to how much fee can fixed.   The idea of an RWA is to work for the betterment of the homeowners by maintaing the facilities and ensuring the upkeep of the society.  However please bear in mind that but any kind of discrimination becomes questionable in a court of law.
 

 

Dr. J C Vashista (Advocate )     17 January 2024

Very well analysed, opined and advised by learned expert Mr. T Kalaiselvan, I fully agree and appreciate his acumen.

In a RWA it is the majority which rules and others follow, if they want facilities / aminities and such rules (passed / adopted by GBM) are legal and enforcable since the members / residents frame rules for themselves in Memorendum of Association and Articles of Association.

Let dissendents may or may not agree, increased maintenance has to be paid by members / residents,which do not come free of cost.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 January 2024

If any members are not satisfied with the enhancement,they can ask method of calculations implemented and bring the notice to registrar of societies for help.

Kishore Kumar (IT)     17 January 2024

Thank you all for the inputs shared 

@T Kalaiselvan , Respected sir . What do you mean by any kind of discrimination in this context 

Can you provide some examples as what could be questionable in a court of law 


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