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  

View all 14 comments Below 14 comments
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  
Interest cannot be charged on "liabilities that haven't risen". Due to earthquake, the whole complex may crumble next week then what maint will they carry out in the subsequent two months. Since MC must have funds to pay for liabilities which will arise on 30th they have to take in advance maint fund for the month which is rational and if people do not deposit by say 10th of the running month while using facilities like lift, garbage removal, etc., they must be charged interest. However, charging interest for the next two months can be done only from 1st of next month for one month and again 1st of 3rd month for one month. They are already earning interest from the bank for two months, so charging from members is greeed. more  
If the RWA is an unregistered one ,even an individual can challenge the change .If it is a registered one either under Society Act or Apartment owners' Act of the State , any resolution without sufficient notice can not be deemed as approved. If so the matter may be taken up with the Registrar of Socities. Alternatively if there are sufficient numbers in favour of monthly maintenenace an SGBM may be requisioned by the group in writing and get a new resolution negating the quarterly resolution passed by a simple majority, of course with a notice period of 21 days or as may your byelaws say. more  
Society registered under society act cannot carry out maintenance activities by collecting maintenance charge, section 3of society act do not permit the same
There is no provision for association registration under Apartment ownership act, hence it is unregistered group of people and they decide rules now and then more  
You may contact Bangalore City Flat owners welfare association for mode of action Right now I am president of the association Anil Kalgi 9448822238 more  
Hi Everyone, Thanks for your inputs, yes the apartment location is in Bangalore (Karnataka). more  
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