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Apartment Owners are bound to pay RWA Fee

Comments(4) Sub Category:Community,Legal,Realty News Posted On: May 26, 2011

If the flat owners and occupants will not pay the fee, it will be impossible for the RWA or Apartment Owners Association to carry on with welfare activities and services.

The owners or occupants of a flat are bound to pay the membership fee to the Residents Welfare Association (RWA) of the colony to fund its various welfare activities and services. A trial court in Delhi gave this judgment in an over six-year-old dispute, asking S S Rana, a resident of Maurya Enclave at Pitampura in northwest Delhi, to pay Rs 3,900 with interest to his RWA, calculated at the rate of Rs 50 a month.

“Being an occupier of a flat, the person is bound by the terms and conditions of the RWA and he is also bound to pay the monthly subscription as he is being benefited by the welfare activities which are carried out by the association,” additional senior civil judge Gautam Manan said.

The RWA had filed a suit against Rana contending that as per its rules, it is mandatory on his part to be member of the association and pay the monthly subscription as it is carrying out welfare activities such as cleanliness of blocks and parks and is also providing watchmen, sweeper, electrician and plumber service to its occupant members, including Rana.

This was refuted by Rana saying he is neither a member of the RWA nor is he bound by its rules and regulations. The court after hearing both the sides ruled in favour of the RWA and said if the owners and occupants of houses will not pay the fee, it will be impossible for the RWA to carry on with welfare activities and services.

“I am of the considered opinion that the RWA is working for the welfare of its flat owners and occupiers and for extending service to the occupiers it is charging a monthly fee…These activities cannot be carried out if the occupiers stop paying the association their monthly subscription,” the judge said.

Times of India

4 Responses to “Apartment Owners are bound to pay RWA Fee”

  1. Jyoti Narula says:

    In this particular case, either the RWA was formed with all consensus including this man or if he bought the house later, it should have been in his deed with previous owner that everyone has to be the part of the RWA. In any other case the judgement is absurd. Even in second case, he can opt out and even demand a dissolving of the RWA.
    @Isher kumar Arora, stop paying them altogether and tell them to sleep. They are not required anymore.
    @Sunil Kumar, if 5-6 people have made this RWA, tell them to f**k off and even take a step forward to lodge a complaint against them in police, the MCD and registrar of societies. If you pay for the park to MCD, you need not even pay to the sweeper the next day!
    See my site http://patelnagarnews.com/west/24 and your eyes will open.
    My newsgroup Newsjyoti.com is for the week and the peace-loving people.

  2. Sunil kumar says:

    M Pocket Dilshad Garden Delhi-110095 has decide by his elected body (regn. No.66833) that everybody should pay RS.100 per year and every user of the park have pay Rs.500 for one time use of function.

    My question is that if MCD charged a fix amount for park booking then why the said RWA has to be charged Rs.500 for what?

    I Think this is overcharged and please tell me if it is possible by which authority 5-6 people registered a society and harress the people of the area think this is overcharged and please tell me if it is possible by which authority 5-6 people registered a society and harress the people of the area…

  3. ISHER KUMAR ARORA says:

    RWA of Apartment in Rohini has increased the monthly subscription in its GBM. But has not amended the relevant rules of the RWA and has also not informed to the Registrar of Co-operative Society under the Societies Registration Act. RWA requested its members to make monthly subscription. Some resident are not making monthly subscription for the last 2-3 months due to this reason. Whether the RWA is legally right to force the residents to make enhanced monthly subscription without amending the relevant provisions of RWA Rules.

  4. Niloy says:

    What is the difference between maintenance fee and RWA fee

    Niloy maitra
    DSP E-21

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