You are the secretary of your society you want to discuss with society members about thr problem of d.g.power system and water supply draft a notice
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Karan Singh, a resident of a housing society in Sector 73, Noida, approached the RWA with a complaint of rat infestation near the car parking area. The RWA did not pay any heed to his complaint and Karan stopped paying maintenance charges but continued paying his electricity and water bills.
After six months the association resolved the issue but levied late fee on non-payment of maintenance charges. Karan requested for adjustment of late fee but the RWA disconnected the electricity and water supply of his house by quoting the by-laws.
But can the RWA do this legally? Let’s have a look at the role of RWAs –
Non-payment of dues
A society needs funds for its maintenance and that is why every member is liable to pay maintenance charges as per the by-laws. Non-payment of maintenance charges are not legally acceptable and the RWAs can exercise their right to expel the member or restrict availability of services such as swimming pool, parking and club house. Therefore, the resident should not stop paying maintenance charges but should serve a notice on the society in case it violates the society’s rules and regulations.
A legal recourse is the best solution rather than arbitrarily deciding not to pay maintenance charges if the RWA refuses to function as per its by-laws.
Ranganathan D, former vice-president of RWA, Sector 47, Noida, says, “Ideally, if a member does not pay the maintenance charges, he should not get the services which are available in the society. As far as independent houses in the sectors are concerned, the RWA is a welfare association and does not have any statutory power to force anyone to pay maintenance charges. There are many people who do not pay maintenance charges and the RWA cannot do anything about it. The government development authority should take care of these issues.”
Essential services
The society cannot disconnect essential services without prior notice to the member. In several cases, the court restored the essential services such as electricity and water supply even when the maintenance charges were not paid by the resident.
“RWAs are not supposed to cut electricity or water supply till they have a permission from the statutory authority. Buyers can also go to the Registrar of Societies and file a complaint in case RWAs do not work as per the by-laws or violate any law in its functioning,” explains Ranganathan.
Both, the residents and RWAs, need to work together for a cordial relationship and betterment of the society. They cannot violate any provision of the law or act arbitrarily. In case the residents are not happy with the RWA, they can seek re-election and change the body.