Harassment by Resident Welfare Association
1 month ago
I have purchased a flat in bank auction which has a long outstanding of old maintenance dues from the old owner. When I had purchased the flat, I tried to communicate with the association to amicably settle the old dues and to show my positive intention, I had even paid a lumpsum amount. But the association could not come up with any proposal to settle the matter and meanwhile the management of the association has changed. As the management could not come up with any proposal, I stopped making the regular monthly maintenance as well. In our society, the association charges a fees for changing the name of the owner in their register as well, which I have not paid. Now the new management is not willing to do any sort of settlement and harassing me on the matter of dues. They are denying me to park my two wheeler in the society as well. What can I do now? Please advice.
A registered Resident Welfare Association (RWA) operates according to its by-laws, which prioritize the common interests of all residents. Unless the by-laws empower the RWA to negotiate unpaid dues of a resident owner, the association cannot waive or remit dues. Doing so could set a precedent and harm the collective interests of all residents. Withholding monthly maintenance payments in protest could increase financial liabilities and lead to other consequences as per the association's by-laws. It's essential to handle the situation wisely and navigate it appropriately.
You may file suit for permanent injunction restraining welfare association people not to harass you.
A registered Resident Welfare Association (RWA) is governed by its by-laws that take care of the common interest of all the resident members of the housing complex. Unless there is a clause in the Byelaws empowering the RWA to negotiate dues/outstanding lying unpaid against a resident owner of the housing complex, the association cannot agree with your proposal of waiving or remission of your dues because once the RWA violates the provision of byelaws, it may be a precedent for others and adversely affects the common interest of all resident members of the housing complex. Instead, if you stop payment of monthly maintenance in protest of the action of RWA, it will enhance your financial liabilities and liable you to face other consequences as per the provision of bylaws of the Association. So, act wisely to navigate the issue in the right way.
Formalities to be done by landlords regarding tenants in Ghaziabad UP
Flat Purchase
Regarding undivided property
Property - Our share of property
Confiscated phone
