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Thirumalai Dasan K   10 August 2024

Request for legal opinion on modification of facilities by rwa

Dear Experts,

I am seeking your legal opinion regarding a matter involving our Residents' Welfare Association (RWA). The RWA has modified a facilities—the postal box room, Cafteria—which were originally built with CMDA approval for a specific use in our multistoried building (MSB). Over time, this facility has been misused and repurposed for activities unrelated to its intended purpose.

Could you please clarify whether the RWA has the legal authority to modify or repurpose such facilities on their own or through a resolution, especially when these facilities were intended for a specific use as per the builder's agreement? Additionally, what legal recourse do residents have if such modifications have been made without proper consultation or approval?

Thank you for your guidance.



Learning

 6 Replies

P. Venu (Advocate)     10 August 2024

" ............................. this facility has been misused and repurposed for activities unrelated to its intended purpose." How the facilities are being used at present?

How it is unrelated to the original purpose?

Has the General Body approved/ratified the alleged repurposing?

What is the reason for the alleged repurposing?

How it amounts to misuse, as alleged? Please post the complete facts.


T. Kalaiselvan, Advocate (Advocate)     10 August 2024

The amenities originally provided as per the approval of CMDA cannot be diverted by the assocaition or the builder to suit their convenience.

If the assocaition is of the opinion that the amentities  provided through such facilities are not in use or the people have totally abandoned them and not in use anymore, then the association in a  meeting can decide about utilisation of the space provided for the earlier amenities for using them more purposefully with other amenities which would be for the benefit  of the members and can take a decision by passing a resolution to amend the bylaws in this regard, send the minutes to the Dy. registrar for approval after which they can proceed as per the approval sanctioned.

Thirumalai Dasan K   10 August 2024

Thank you for your time Sir.

T. Kalaiselvan, Advocate (Advocate)     11 August 2024

You are welcome for your appreciations

Dr. J C Vashista (Advocate )     11 August 2024

The RWA cannot change usage of a facility created / provided for a specific pupose without approval of GBM and concerned authorities.

What is "postal box room " who has provided, why it is being shifted ?

Thirumalai Dasan K   11 August 2024

Thank you for your opinion Sir. 


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