RWA By-Laws
6 months ago
Dear sir,
Our AoA have drafted the By-Laws, where in one of the points they are trying to impose the following clause:
'Open Ground in the society to be charged per day for any event/festival conducted by set of residents.'
While as per builder only the club house party/meeting hall to be used for monetization and charged basis booking, but, for this multipurpose ground usage no such paid charges are defined by the builder in the deed.
The open ground doesn't have any constructed facility. Secondly, all the cultural committees are wiling to pay for any damages and electricity usage during respective event.
1. Can the AoA pass this clause without taking voted from residents as there is disagreement on the same?
2. How can we stop the AoA to proceed with passing unacceptable By-Laws?
A.Dear Client,
A Deed of Conveyance executed and registered between the Builder and Purchaser explaining the facilities or amenities available to apartment owners and by virtue of which you become the member of the Association overrides the provision or terms of ByeLaws of the Association that formed later on if such terms made in deviation of any terms of the deed of conveyance. An Association or Society is formed to look after the existing facilities available to resident owners and members of the Association on payment of maintenance charges or other charges applicable in terms of the deed of conveyance. A Society or Association is basically formed to take care of the common interest of the resident owners of the housing complex and accordingly, any resolution to enhance any extra charges or to impose any restrictions on the common areas, requires a resolution to be passed on the majority of the vote in duly convened general body meeting following the quorum of the meeting and the provision of Byelaws of the Association. So, to protest such an arbitrary and unacceptable resolution of AOA/RWA that affects the common interest of the resident members of the association, you need to make a mass representation before the President/Secretary of the Association and if the same is not resolved within a reasonable time, then a mass complaint be made before the Competent Authority under the State Apartment Ownership Act or the Registrar of Cooperative Societies under whom the RWA/Society is registered.
A Deed of Conveyance executed and registered between the Builder and Purchaser explaining the facilities or amenities available to apartment owners and by virtue of which you become the member of the Association overrides the provision or terms of ByeLaws of the Association that formed later on if such terms made in deviation of any terms of the deed of conveyance. An Association or Society is formed to look after the existing facilities available to resident owners and members of the Association on payment of maintenance charges or other charges applicable in terms of the deed of conveyance. A Society or Association is basically formed to take care of the common interest of the resident owners of the housing complex and accordingly, any resolution to enhance any extra charges or to impose any restrictions on the common areas, requires a resolution to be passed on the majority of the vote in duly convened general body meeting following the quorum of the meeting and the provision of Byelaws of the Association. So, to protest such an arbitrary and unacceptable resolution of AOA/RWA that affects the common interest of the resident members of the association, you need to make a mass representation before the President/Secretary of the Association and if the same is not resolved within a reasonable time, then a mass complaint be made before the Competent Authority under the State Apartment Ownership Act or the Registrar of Cooperative Societies under whom the RWA/Society is registered.
Helpful
Helpful
Share
A.Dear Client,
Typically, the process for amending or passing by-laws in an association should follow the procedures outlined in the association's existing by-laws. This process often requires a certain percentage of members to approve the changes, which can vary based on the existing by-laws and local regulations. If there is significant disagreement among residents about a proposed by-law change, it may be more challenging to pass it. Consult your existing by-laws to understand the required voting thresholds and procedures for amending by-laws. If there is a provision for residents' voting, it's essential to follow that process. The builder's deed and the terms of the initial property purchase agreement may also have a significant influence on what can be charged and how the open ground can be used. Review these documents carefully to understand what rights the builder has retained or conveyed to the association. Ensure that any proposed by-laws are in compliance with local laws and regulations governing homeowners' associations in your area.
Typically, the process for amending or passing by-laws in an association should follow the procedures outlined in the association's existing by-laws. This process often requires a certain percentage of members to approve the changes, which can vary based on the existing by-laws and local regulations. If there is significant disagreement among residents about a proposed by-law change, it may be more challenging to pass it. Consult your existing by-laws to understand the required voting thresholds and procedures for amending by-laws. If there is a provision for residents' voting, it's essential to follow that process. The builder's deed and the terms of the initial property purchase agreement may also have a significant influence on what can be charged and how the open ground can be used. Review these documents carefully to understand what rights the builder has retained or conveyed to the association. Ensure that any proposed by-laws are in compliance with local laws and regulations governing homeowners' associations in your area.
Helpful
Helpful
Share
Read Related Answers
Complaint on Apartment Maintenance issue
Dear Client,
Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartm...
Question on Buying 10 years old flat with registration on hold
Dear Client ,
you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
REGISTRATION OF Apartment owners association under companies act
Dear sir,
It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
I am being asked to pay more than my neighbour for Open Car Parking
Dear Client,
Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...
Extra amount for completion of project
Dear Client,
Please consult an accountant for the how to include new additional income and if the can be given the rights of a builder.
additionally with the consent of the new person they can be a...
Read Blogs on Real Estate
Real Estate Lawyers
Find Lawyers by Location
