RWA charges and rights

The query suggests no facts which allows you not to pay the common charges.

According to Real Estate (Regulation and Development) Act, 2016, a residents welfare association (RWA) must be established in a housing society, within three months from the time that a majority of the houses there have been booked. If a developer does not take steps to form an RWA for such a society, the legal owners can themselves form such a body.

RWAs are voluntary associations and while they have considerable power and authority, it cannot impact your right over your own property. In comparison, cooperative housing societies have more power. Moreover, RWA does not possess the right to infringe on any homeowners’ right to privacy or speech. An RWA can only exercise its power or restraint in matters of society/building maintenance or functions or even workshops.

Regards,

Anaita Vas

In response to your query, 

The buyer and the developer are bound by a contract when it comes to maintenance fees. It's in the allotment letter, which the customer receives after paying the booking fee.

Every housing society has some common areas, and under the Real Estate (Regulation and Development) Act, 2016 ("RERA"), the promoter or builder is responsible for providing and maintaining essential services at a reasonable cost to residents. The builder can no longer charge for maintenance once the society's Resident Welfare Association ("RWA") is founded and maintenance work is delegated to it. The RWA can then come up with its own set of maintenance charges policies.

According to this regulation if in your contract it is mentioned that the RWA will charge extra maintenance cost if you use the common area for commercial use then you will have to pay the extra amount, but if there is no such clause in the contract then you shall not be liable to pay extra charges and can ask for a written agreement or take a legal action against the RWA.

Regards,

Aryan Raj