RWA Maintenance

Hi,

Would like to know is there are any court order or Law which gives flexibility for Owner/Tenant to pay the maintenance amount as per his/her convenience.

Initially the maintenance payment cycle was monthly, in one of the AGM without sharing agenda, discussion it was directly taken to voting. Due to lack of majority the RWA changed the maintenance cycle from monthly to quarterly. If not paid the whole amount they charge interest on the same.

There has been lot of requests from other apartment owners/tenants who cannot pay the entire quarter amount and ready to pay on monthly basis. Still the RWA is not taking this into consideration.

Please suggest/provide any information on such law where this cannot be mandated. more  

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Interest can be charged only on liabilities that have risen and not paid. No one knows whether a earth quake may demolish whole structure before next three months . Rationally only 1 month maint if not paid in time can be charged interest upon since society shud logically be prepared to pay one month salary to chowkidaar, monthly electric bill, monthly water bill etc. It cannot run around members after receiving services and the bills. So there is no logic in taking three months maint , and even if taken there is no justification to charging interest since liabilities have not risen, so payment by members is not delayed. Instead society should pay interest to members for continuously rolling over two months deposit as annual FIXED Deposit. Or it should give incentive to those who pay in advance. for example in many est if bills are paid before time a discount is given. Like 5% discount in property tax if paid before 31 may. Rs 10 discount if electric bill paid before 16th of month. Qtrly maint has no justification. more  
1) under which statute your society is registered? there is competant authority Please contact and resolve more  
Any order/decision/direction/ resolution etc. taken any authority/body is subject to judicial review/scrutiny. Contact a lawyer in your vicinity and discuss and do accordingly. more  
Members of this Circle requested to share weekly Once to regain the status of 2016 , 2017 , and 2018 . Please do oblige to give life again to this Circle more  
Since it is reported that AGM is held it is presumed that the Society is a registered one. 1.The Maintenance charges payment mode is decided by the byelaws of the RWA. Courts tend to support the byelaws and refrain from interfering too much if the byelaws have been approved in a proper manner. 2. Any resolution has to be passed only after proper notice as stipulated in the byelaws and only by the AGM /EGM with the quorum again specified in the byelaws. 3.If the resolution has been passed without sufficient notice and quorum then the remedy is to report the matter to The Registrar and request for Not approving the said resolution. But again the practical problem is the Registrars barring a few honest knowing that no individual will or can afford to go to court prefer just to file the complaint. They will act only if one has the perseverance to follow it up. The registrar's office always has a soft corner for the RWAs as RWAS have enough funds to grease the palms. If the registration dept does not help then the only remedy is to go to court. 4. If there are sufficient numbers they may force the RWA to conduct EGM with due notice and agenda to cancel the amendment and get a resolution negating the previous one passed in EGM. But that requires teamwork. more  
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