residential association noc to sro


Hello Experts,

I am a secretary for a Residential association in Vijayawada,AndhraPradesh. I have started the association and registered.Our layout have issues(garbage dumping by local panchayat for years,we formed association and protest and resolved the issues after 18 months), Few plot owners took this advantage and selling the plots with out intimating the association,actual out ot 647 plot we identified 350 as of today and collected memberships from 350 members and made few developments in our colony. but others took this advantage and selling their plots with out intimating us).

I would like to know whether there is chance of  "Giving a request to regional SRO that our colony NOC is mandatory for any sales in our colony legally" ,is this legal option available

Thanks in Advance

Srinivas

 
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Lawyer

Originally posted by : Srinivas
Hello Experts,

I am a secretary for a Residential association in Vijayawada,AndhraPradesh. I have started the association and registered.Our layout have issues(garbage dumping by local panchayat for years,we formed association and protest and resolved the issues after 18 months), Few plot owners took this advantage and selling the plots with out intimating the association,actual out ot 647 plot we identified 350 as of today and collected memberships from 350 members and made few developments in our colony. but others took this advantage and selling their plots with out intimating us).

I would like to know whether there is chance of  "Giving a request to regional SRO that our colony NOC is mandatory for any sales in our colony legally" ,is this legal option available

Thanks in Advance

Srinivas

Membership of a residential welfare association is voluntary and not compulsory or mandatory hence management of RWA cannot exercise any restraint on the activities of residents even members of the association.

What is the authority/ law / locus standi where RWA can compel a resident of colony,  who are not members (even members) qua selling their plots with out intimating RWA. ?

There is no law as such that seeking NOC from RWA can be made compulsory by regional SRO at the time of registration of a sale transaction. 

RWA can not exceed its authority beyond the terms of MoA & AoA adopted by its members.

 
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Advocate

Yes, the RWA cannot restrain the ploy holders as to their rights to property.

 
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