Non Member- Maintenance and Usage of funds

Dear client,

The issue has to be examined under two laws together—the Haryana Registration and Regulation of Societies Act, 2012 and, where applicable, the Haryana Apartment Ownership Act, 1983, along with the Association's registered bye-laws/declaration.

The important point is that “member of the RWA” and “apartment owner/resident” are not necessarily the same thing. Therefore, merely calling 20 owners “non-members” does not automatically mean that they can escape their share of common expenses.
There is an important RERA principle as well. Section 11(4)(g) of the RERA framework applicable in Haryana provides that where the promoter has collected outgoings from allottees but fails to pay them before handing over the project, the promoter continues to be liable even after transfer to the association, including liability for legal proceedings arising from such non-payment.

Therefore, the fact that an old agency handed over maintenance to the RWA does not by itself establish that the RWA must pay the agency's old liabilities from present maintenance collections.

If, however, the RWA lawfully assumed the liability as part of the takeover/handover arrangement and the liability relates to common facilities, payment may be possible subject to the governing documents and proper approval.