Society association asking transfer charges.
Ramneek Sharma
(Querist) 09 June 2012
This query is : Resolved
Dear Experts,
I am a resident of a society in Indirapuram, Ghaziabad-201010 and am seeking your expert advice in respect of society RWA membership charges.
The society falls under Federation of resident welfare association Ghaziabad. I bought this property in Mar 12. However, I am residing in this society since January 12 where in till 31st March, 2012.
It is on record that since Jan 2012 till date, I have never defaulted on payment of RWA charges and have paid all the maintenance and allied charge . Even now, it is paid in advance for six months
However , on occupation of property in Apr 12, the Resident Welfare Association asked me to deposit Rs 35000/- as membership charges. Also, it is pertinent to mention that there was no mention of such charges informed to me while purchasing property and also the previous owner has confirmed on mail that no such RWA provision existed.
I have checked the General Body Meeting minutes of yesteryears and found that such charges were never proposed and approved by the GBM. I inquired with old society members if such a provision existed but no one was aware of these charges. However in RWA internal meeting transfer charges have been mentioned as suggestion and signed by RWA Governing body and executive members total 8 members, Society members are 152.
Please guide if RWA membership charges as indicated above are valid by any UP Act and Society could charge this ammount without concent from all residents in GBM. Moreover society is also charging Move in / Move out charges from residents / tenants and harrasing by not giving prepaid electricity coupouns.
Please assist me weather my issue is valid or not and where should i raise this issue as Federation of RWA, Ghaziabad is already aware of this.
Thanks
Ramneek
M V Gupta
(Expert) 09 June 2012
You have not mentioned under which Act the RWA has been registered.If it is registered under the Cooperative Societies Act, a new member is required to pay only enrollment fee and transfer fee as prescribed in the bye laws of the Society. The Committee cannot demand any other charges. In Maharashtra the MCS Act and the bye laws specifically prohibit collection any extra amount either by way of donation/development charges etc from a new Member.If the RWA is registered under the Societies Registration ACt, the Governing Body will be bound by the Articles of Association and the resolutions if any passed by the General Body. Ask for certified copy of the GB resolution prescribing any such charges as claimed by the Association.In the absence of such a resolution you will not be under obligation to pay the amount.
Ramneek Sharma
(Querist) 09 June 2012
Dear Sir,
Thanks for your response.
Society Registration Act of 1860 as applicable to state of Uttar Pradesh.
As per certified copy of by-laws which i got from last owner.
"e) SUBSCRIPTION OF MEMBERSHIP
1) The applicant for membership shall pay registration fee of Rs.500/- for enrolment of his name as a member of the Association.
2) The rates of registration fee and life time membership subscription may be reviewed and revised by the Governing Body subject to ratification by General Body.
"
What is meant by Certified copy of GB resolution?
More over by laws also mentioned amendment as
"10) AMENDMENT: The amendment in the memorandum or rules of the society shall be made with the approval of 3/5th members of the society."
While only governing body has signed this rule as applicable in their regular meetings minutes not in GB meeting minutes.
Additionally they are harrasing by not issuing electricity prepaid coupons(which comes under essential services).
Please advice what should i do?
Thanks
