Maintenance charge by rwa on uds or flat basis
PAULRAJ N
(Querist) 15 February 2022
This query is : Resolved
I am residing in a flat managed by a residents welfare Association. The Maintenance Charge is collected on fixed basis as per resolution passed in AGM against TNAO Act (Sec19-1) which says the expenses shall be shared on UDS basis. Is it legally valid or correct? Can the bye-law Or resolution of the Assn go against the TNAO Act? - Paulraj
Sudhir Kumar, Advocate
(Expert) 15 February 2022
RWA cannot decide against bye-laws or the mother Act under which it is registered. You can complaint to the registrar
P. Venu
(Expert) 15 February 2022
The AGM resolution is ultra vires of the prevailing law.
kavksatyanarayana
(Expert) 15 February 2022
To my best, the expenses shall be shared on a UDS basis is valid. However, if you have any grievance file a complaint against the committee, to the Regional/Deputy Registrar of Cooperative Housing Societies of your District.
