Rwa authority

Georgina Pinto (Querist) 09 July 2022 This query is : Resolved
Hello,
I am a tenant in an apartment in Bangalore. The association does not want to hire a manager and is forcing the residents to take up responsibilities of the apartment (as part of the association). Part of the residents (who are tenants) do not want to take on these responsibilities. Now the association is levying fines on the tenants who are not willing to be a part of the association. Is this legal? As far as I know the association is not registered but they are planning to get themselves registered. The owners of the flats who have tenants are not willing to pay the fines and hence it will boil down to the tenants having to pay.
What can be done in this case? Please help with next steps.

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Quick Summary

A tenant in Bangalore is seeking advice as their apartment association, which is currently unregistered, is forcing residents, including tenants, to take on administrative responsibilities. Those who refuse are being fined, with owners unwilling to pay, leaving tenants liable. The tenant questions the legality of this, especially as RWA roles are typically voluntary and the association lacks formal documentation like Articles or a Memorandum of Association. Advice is sought on how to proceed and protect tenant rights against these compulsory duties and fines.

kavksatyanarayana (Expert) 09 July 2022
All the owners shall be formed as an association and get the association registered under Cooperative Housing Societies Registration Act or Owner’s Welfare Association under Societies Registration Act. So you can complain regarding the unregistered association to the Dy.Registrar of Cooperative Societies or District Registrar of your district.

Georgina Pinto (Querist) 09 July 2022
Thank you for your response. Is it legal though for them to force the tenants to take on responsibilities? As far as I know, RWA work is voluntary?

Dr J C Vashista (Expert) 10 July 2022
The membership of the association is meant for "owners"/ "residents"/ "both" or "universal" ?

Is there any "Articles of Association" and "Memorandum of Association" as required to form an association ?

Unregistered association can neither be sue nor sued in the name of "Association".

Tenants can not be compelled to take up association responsibility, even if they (tenants) have volunteered to be members of such association.

Georgina Pinto (Querist) 10 July 2022
Thank you for your response.

Dr J C Vashista (Expert) 10 July 2022
I did not get reply to my questions.

Georgina Pinto (Querist) 10 July 2022
My apologies.
The membership of the association is meant for "owners"/ "residents"/ "both" or "universal" ?
There is no membership per say. We pay monthly maintenance and some flat owners have take the administrative responsibility so far. They now want to compel every resident irrespective of them being an owner or a tenant to take over administrative responsibilities on a rotation of 6 months at a time. If someone refuses to take responsibility, there is a fine with interest being levied on the tenant/owners. The owner is not going to pay this amount.

Is there any "Articles of Association" and "Memorandum of Association" as required to form an association ? Nothing that I am aware of. It is a small apartment with 40 off flats. I do not think they are registered or if there are any bye laws listed.

Georgina Pinto (Querist) 10 July 2022
There was a meeting held a few months ago where a few of the administrative members decided that we are not going to hire a manager but that the responsibility is going to be divided and there was no option to say no.

P. Venu (Expert) 11 July 2022
What is the harm in taking up the responsibility? Please note that every responsibility is a learning experience.

Georgina Pinto (Querist) 11 July 2022
I am sure it is sir but, as adults, we are allowed to choose what responsibilities we want to take up. The reason why I chose to rent a house and not buy is because I do not want to handle these responsibilities.

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