Maintenance charge by rwa on uds or flat basis

PAULRAJ N (Querist) 15 February 2022 This query is : Resolved
I am residing in a flat managed by a residents welfare Association. The Maintenance Charge is collected on fixed basis as per resolution passed in AGM against TNAO Act (Sec19-1) which says the expenses shall be shared on UDS basis. Is it legally valid or correct? Can the bye-law Or resolution of the Assn go against the TNAO Act? - Paulraj

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A resident is questioning the legality of their Residents Welfare Association (RWA) charging maintenance fees on a flat basis, when the TNAO Act (Sec 19-1) specifies that expenses should be shared on a UDS (Undivided Share) basis. The consensus is that an RWA cannot pass resolutions that contradict the governing Act or its own bye-laws. If the AGM resolution goes against the law, it is considered invalid, and the resident can file a complaint with the Registrar of Cooperative Housing Societies.

Sudhir Kumar, Advocate (Expert) 15 February 2022
RWA cannot decide against bye-laws or the mother Act under which it is registered. You can complaint to the registrar

P. Venu (Expert) 15 February 2022
The AGM resolution is ultra vires of the prevailing law.

kavksatyanarayana (Expert) 15 February 2022
To my best, the expenses shall be shared on a UDS basis is valid. However, if you have any grievance file a complaint against the committee, to the Regional/Deputy Registrar of Cooperative Housing Societies of your District.

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