Legal remedies for RWA against unruly residents
Hello,
I am a resident of a gated community in Gurgaon with RWA (Residents Welfare Association) managing common services with common pool of funds collected from residents. A few residents have connected to power backup without paying the infrastructure sharing charges decided by the RWA saying they would pay an amount deemed only reasonable by them. They are not even willing to respect the principle that a service/product can be bought only at a mutually agreed price between seller and buyer. There are others who do not pay even the monthly maintenance charges. What practical legal remedies the RWA and its members have to make these erring resident members comply with the law of the land and rules of community living? Will the RWA be within its legal rights by disconnecting these unauthorized power backup connections and discontinuing common services (water, power backup, garbage collection, cleaning of common areas etc it procures with common pool of funds) to the residents who don't pay the monthly maintenance charges?
Many thanks in advance!
Sincerely,
Anil Kumar more
I am a resident of a gated community in Gurgaon with RWA (Residents Welfare Association) managing common services with common pool of funds collected from residents. A few residents have connected to power backup without paying the infrastructure sharing charges decided by the RWA saying they would pay an amount deemed only reasonable by them. They are not even willing to respect the principle that a service/product can be bought only at a mutually agreed price between seller and buyer. There are others who do not pay even the monthly maintenance charges. What practical legal remedies the RWA and its members have to make these erring resident members comply with the law of the land and rules of community living? Will the RWA be within its legal rights by disconnecting these unauthorized power backup connections and discontinuing common services (water, power backup, garbage collection, cleaning of common areas etc it procures with common pool of funds) to the residents who don't pay the monthly maintenance charges?
Many thanks in advance!
Sincerely,
Anil Kumar more
Viewed by 441
View all 23 comments Below 23 comments
Both i.e. RAW and the Non paying Resident members are the defaulters on their own way. It is full proof matter for legal actions which you can initiate- subject to documentations. more
Aug 14
Examine RWA Rules, issue legal notice demanding payment of arrears, disconnect if still not paying. If amount or services are disputed it may have to be got resolved through legal process. No one have a right to enjoy such services free of cost. This is a preliminary view and not a legal opinion. More facts and documents are to be examined before giving a Legal opinion and advising a way forward more
Aug 13
Instead of collecting bill later, ask members to pay up first and only then usage be allowed. This way no arrears. 12/8/16 more
Aug 13
Sure Sir, First I shall try to convince the executive committee of my RWA to take the course of action suggested in your post. And, I shall definitely keep the forum posted about the progress made on the issue. This is the whole objective of such a platform that enables us to learn from the experience and knowledge of fellow members. more
Aug 12
Good to know that you found it useful. I have been General Secretary of RWA and we were always hand-to-mouth in meeting our expenses. If members won't pay the dues, we could not survive, so I know the feeling that a person gets in this kind of situation. Do let me know if I can help with anything else in this battle. Also please update us on the progress you are able to make in the matter. more
Aug 12
