RWA has to function under MC of CGHS

RWA has to function under MC of CGHS: Most of the members living in the co-operative societies do not know the difference between the RWA and CGHS. Therefore, it is their gut feeling that the welfare of the residents or the members can be looked after by the RWA only and CGHS dont do anything.

 

IMG-20130828-00345

RWA (Residents Welfare Association): It is association of members registering themselves under societies registration Act, 1860 to do the work of maintenance and welfare of residents of the building complex. It is voluntary association of persons. If a member or resident do not want to become a member or do not want to pay the RWA for that reason, the RWA has no powers to recover the amount of maintenance or cost of welfare activities undertaken by the RWA for all the residents including the one who do not pay or do not become the member.

In co-operative group housing societies too one finds RWA is working. But the RWA has a small role to play and do not have powers like the managing committee of a co-operative group housing society.

rp_IMG-20130806-00218-300x2261.jpg

CGHS (Co-operative Group Housing Society): It is body of members duly registered with the registrar of co-operative societies which draws its powers under the separate law than the societies registration act, 1860. Instead of this, the CGHS operates under the DCS Act and DCS Rules. The Managing Committee of CGHS has the power to recover the amount of maintenance or cost of welfare activities undertaken by them from the members of the CGHS. Who so ever is the owner of a flat in a co-operative group housing society is automatically the member of the CGHS also. The member can not opt of not taking the common services of the CGHS.

IS CGHS OR RWA SUPREME ? This question arises in the minds of many members of CGHS and we wish to clarify that the CGHS is supreme. It means if at all the RWA is to function within the CGHS, they can function as sub-committee formed by the members which shall be answerable to the Managing Committee of the CGHS.

LEAVE A REPLY BELOW IN CASE OF ANY QUERY OR YOU REQUIRE OUR ASSISTANCE

7 Comments

  • Umesh Joshi says:

    Can the Managing Committee of CGHS fix maintenance charges arbitrarily. Is approval from General Body mandatory. If it is not approved by the General Body which is supreme in CGHS, what legal course is available.

    View Comment
  • Hemant Nagam says:

    Hello Sir,

    I am a owner of a land in a gated community in Bangalore, and I am getting a house constructed on that land in the same society.
    On Nov-2013, a group of house owners got the community registered under Karnataka RWA 1960.

    Since that time onwards, the members of the association are harassing us to pay the monthly maintenance amount(1500/-) from the date prior to the date of registration of society.
    We had been conveying , that the demands made by them are not valid, since we never used any facilities(water/sewage/electricity)
    from the date prior to the registration of society, for which they had been very rude.

    Since we have not agreed to there demands, they had been harassing us by : sending frequent reminder emails, passing comments to ladies in my family, disconnecting water line of our under construction house, talking to my parents rudely over phone whike discussing about maintenance fees.

    Apart from this they have are forcing us on following:-
    ——————————————————————
    1) No house owner in the society can buy or sell plots and or villas without there prior permission.
    2) If the house owner doesn’t pay maintenance on time, they will be penalized in the form of 5% additional amount on maintenance and by stopping water/sewage service for the owner. This has been conveyed to us over email.

    Request your valuable suggestions/legal advice on the problems we are facing.

    Regards
    Hemant

    View Comment
  • narender jha says:

    Ours is is group housing society. We are planning to Have a AGBM on last week of September 2016. Some members wants to extend front and rear balconies. This is a one of the agenda item If approved can we record unauthorized construction.

    View Comment
  • M.C. Sharma says:

    Sir, Ours is a Residential Building Complex developed by a Builder and the flats have been sold to individual buyers under Apartment Buyers Agreements. The owners have not yet formed an Association of Owners under the Haryana Apartment Owners Act. However, the Builder on his own formed an RWA with a governing body office bearers nominated by him and got it registered under the Societies Registration Act, Haryana, Fearing that the management of the Complex may be handed over to this RWA, we filed a complaint before the District Registrar of Societies and we called a meeting of owners in which a Memorandum of Association, buy Laws were approved and office bearers of the Governing body were elected. The Registrar is keeping our Registration on hold on the ground that a complaint is pending against the Builder’s RWA. My question:1. can the registrar refuse to register our RWA on the ground that there is already an RWA registered (Under a different name).

    View Comment
  • Ram krishan Sharma says:

    In our society initially the society was registered under society act for allotment of plot from Noida Authority. After completion & handing over of plot to individual the member formed a RWA, now the both are working. can be dissolve the cooperative society & only RWA should exist. what is legal requirement. can the money of RWA be transfer to newly formed by a group ( not a registered body) for the purpose of running of Temple expenses. the dispute comes from the members as the maintenance charges paid to RWA for a specific purpose for running & day to day maintenance of Society. why the money to be given for this purpose when the devotes paying monthly payment indivisually for the running of temple. what is the legal opinion of this issue also.

    View Comment
  • INDER JIT KAKKAR says:

    Is the formation of RWA legal under the DCS Rules/Act as applicable in Delhi? As the formation of RWA has been spreading confusing the residents in our Society

    View Comment
  • Dheeraj kapoor says:

    Dear sir need your help Can you provide contact no or your a for meeting

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *