Facing issues with RWA? Know your legal rights

Most housing societies have a Residents Welfare Association (RWA), a voluntary group, formed by the society members for the efficient management of the society with a focus on the residents’ interests. Typically, RWAs serve as a bridge between the residents and local authorities and help resolve any civic issues the residents might face. RWAs are responsible for enforcing the rules and regulations of a housing society. However, there have been many instances where residents, especially tenants, have faced issues with RWAs. Some causes of friction between RWAs and residents include the maintenance of common areas and unreasonable rules regarding guests or visitors. It is essential for residents and tenants to be aware of their legal rights to safeguard themselves when dealing with RWAs.

Common issues residents face with RWAs

Additional maintenance charges

RWAs are responsible for collecting maintenance charges from the residents for the upkeep of the buildings, facilities and common areas inside the society. These charges relate to car parking, repair and maintenance of lifts and other facilities, service charges, election fund, etc. Societies may allocate funds for organising community gatherings, festivals and other events. 

Some RWAs levy additional charges for facilities like the clubhouse, swimming pool, parking, etc. Higher charges may also be levied by RWAs based on property size, usage of amenities, etc. Sometimes, RWAs may impose higher charges on tenants compared to owners. 

Various restrictions on access to facilities

Another common problem residents of many housing societies face relates to the restrictions imposed by the RWAs. In most cases, residents find such restrictions unreasonable.  Some examples include:

• Regulating access to common facilities such as the swimming pool, community hall, etc. 
• Enforcing strict security rules, such as permissions for visitors to enter the complex or limiting vehicle entry for visitors
• Restricting access to delivery services with valid permission

Restrictions on tenants 

In some societies, restrictions are enforced based on personal biases, targeting specific groups of individuals. For example, many single individuals have faced issues finding a rented property owing to their single status. In some cases, people have faced discrimination based on ethnicity or religion when renting out properties. Some RWAs impose rules to control tenants’ behaviour, which could affect the tenants’ privacy and freedom. 

Delays or refusal to issue NOCs

The owner of a residential property may need to obtain a No-objection certificate (NOC) from the housing society in certain scenarios. These include the sale or transfer of ownership of the property, making alterations or renovations to the property and applying for a loan against the property. The NOC is granted by the RWA. Typically, the RWA issues the NOC after ensuring all the outstanding dues have been settled by the owner. However, an NOC can refuse to issue an NOC if they have valid reasons such as unpaid dues. If a society refuses to grant NOC without any valid reasons, it can have significant consequences for the member and may lead to a legal dispute between the RWA and the member.

Rights of housing society residents 

It is crucial for housing society residents, particularly tenants, to realise that the rules and regulations of RWAs cannot violate the fundamental rights of individuals. 

Right to reside and protection from discrimination

A tenant has the right to reside in a property if they have a valid rental agreement with the landlord and adhere to its terms and conditions. A housing society does not have any right to dictate to the landlord regarding who can rent the property. 

While RWAs can state in their by-laws their preferences on who can rent or buy in the housing society. However, any discrimination by the society can turn into a legal issue. 

Right to use common areas or facilities

Tenants have the right to access common areas and facilities within the housing society, such as parks, swimming pools, gymnasiums, etc., provided the tenants follow the rules and regulations. 

There may be some rules that the guests or visitors must follow, such as registering their vehicles or showing identification when entering a housing complex. However, RWAs do not have the right to restrict the entry of guests or visitors without a valid reason.

Right to fair maintenance charges

According to a Supreme Court ruling, Societies do not have any right to levy arbitrary charges on certain groups, such as tenants. The maintenance charges must be levied fairly and uniformly across residents. Moreover, housing societies are liable to disclose details on maintenance collections and expenditures, which can be accessed by the residents. In some states, there are government guidelines on the maximum maintenance charges that RWAs must follow. 

Right to privacy 

RWA rules cannot violate an individual’s right to privacy. That is, the housing society cannot infringe upon a tenant’s personal space without any valid reason. RWAs do not have the right to moral policing by violating a tenant’s personal rights. 

Right to due procedures

A housing society is bound by certain laws when it comes to matters like the issuance of NOC. They cannot delay or deny a NOC without a valid reason.

What should you do if RWAs violate your rights?

Here are some legal solutions for residents and tenants if they are facing any issues with their housing society:

• Notify the landlord: If a tenant is facing any issue with accessing facilities or common areas in the housing society or any restrictions that infringe upon their basic rights, they can approach the landlord and request them to intervene. 
• Register a police complaint: In case of harassment or any illegal action by RWA, the resident can file a complaint with the local police authority in their area. 
• Approach a consumer forum: The resident can register a complaint against the RWA in a consumer forum. 
• File a case in a civil court: In case any action by an RWA violates a tenant’s basic rights, they can take the matter to a civil court. Before filing a complaint, the resident must consider sending a legal notice to the RWA and seeking a resolution for the dispute. 
• Seek RERA assistance: According to Section 4(d) of RERA, builders are responsible for the maintenance until the formation of an RWA. In case of any unfair practice, the residents can approach the state RERA.

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While residents have certain rights, they also need to be aware of their responsibilities when residing in a housing society. Residents are required to go through the rules and regulations set by the RWA regarding payment of maintenance charges, maintaining cleanliness, parking rules, etc.

To avoid conflicts when renting out a house in a society, prospective tenants must ensure they have a valid rental agreement with clear clauses. They must ensure to have written communication on key matters when dealing with RWAs. Before taking any legal step, one must consider resolving the issue amicably. In case of a legal dispute, the resident must gather all relevant documents, photos, etc., when presenting their case before any authority. In case of a serious issue with RWA, it is better to approach an experienced lawyer for proper guidance.

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