Maintenance charges - Some Questions which may be of interest to many

[rachna]

DDA flats are not private societies where Maintenance charges are needed for common area Maintenance and is mentioned in the sale deed itself .


DDA Flats 2010  are under Maintenance by DDA .
These Maintenance charges have been paid in advance by the flat owners .


Now with formation of RWA there is another demand for Maintenance charges .

I am really curious to know

Why RWA needs money for Maintenance charges as except for security guards nothing is under RWA
Can RWA force a flat resident to pay up Maintenance charges ?

Also if there are two RWA then whose existence is valid and how ?

Can a RWA open a savings bank account with a flat number of the owner who may be part of the RWA

Legally what is the status of the flat owner in a DDA flat which is not a society , can the owner refuse being part of RWA and live independently without bothering with the existence of various RWA which are formed periodically

[Sandeep Kumar]

Why RWA needs money for Maintenance charges as except for security guards nothing is under RWA

Ideally not because apart from security rest of the things are taken care by DDA, but still there would be occasions where minor plumbing/electricity/other work may be required which may not be under the purview of DDA or RWA may keep 1/2 these kind of helpers on their payroll for residents internal flat issues which DDA will not take care of. These kind of requirements all depends on residents understanding.

Can RWA force a flat resident to pay up Maintenance charges ?

If RWA is registered and representatives are elected with proper election and paperwork than yes they can force residents to pay. Again ONLY if the society is properly registered and all other legal documentation is in place.

Also if there are two RWA then whose existence is valid and how ?

Whichever is properly registered with govt allocated registration number in place. Otherwise both are invalid.

Can a RWA open a savings bank account with a flat number of the owner who may be part of the RWA

Although not the right practice but yes, the President/Chairman/Treasurer can open account with his flat no as address.

Legally what is the status of the flat owner in a DDA flat which is not a society , can the owner refuse being part of RWA and live independently without bothering with the existence of various RWA which are formed periodically

I am not very sure on this, but think if the RWA is registered and more than 70% of the residents are part of it than the rest have to comply. Also it doesn't make sense to fight with your neighbors and efforts should be towards making the society a better place than everyone gunning for each others head.

Regards

[rachna]

Thanks Sandeep for taking interest in a subject purely for academic purpose , this group will help a lot of next set of DDA alloottees.
Back to the discussion
See this link http://timesofindia.indiatimes.com/city/delhi/Hit-by-verdict-RWAs-at-a-turning-point/articleshow/19371037.cms
This implies that legally RWA cannot force any one to give charges for maintenance .
NOw the next question is that present DDA flats are multistory BUT again they have not been made by registering a society before or there is no clause in the CD that RWA will be entitiled to creat a registered society .

In the initial years { 1970 - 1985 period } only flats built under society schemes ie where a group of people of similar formed a society by taking paid membership and then built flats / appartments which were multistory , maintenance charges were part and parcel of the monthly expense

In this case the guards , electrician , plumber were on payrolls and work in flats done by them was done free of cost BUT its not the practice any more
These days a record is maintained by security guards for service providers and residents can take phone numbers from there !!

I dont think the RWA has any right to IMPOSE any charges on any one LEGALLY . http://www.indianrealtynews.com/real-estate-india/delhi/rwas-cant-impose-charges-on-dda-flats-court.html

[Sandeep Kumar]

Hey Rachna,

Obviously I don't have much legal knowledge on these matters and it is just based on my interactions with various RWA's and some other rulings which I read about.

Now the initial years you are quoting refers to group cooperative societies, those were different and DDA involvement was only providing land to the society and rest of the things were all cooperative society responsibility.

Now as said earlier only if RWA is properly registered and representatives are elected with proper election and paperwork and majority of residents (say 90%) agree to its terms and conditions than yes they can ask remaining 10% residents to pay. Of course it can be taken legally but I have seen rulings where courts have asked those 10% to comply for the greater good of neighborhood. Rest different courts and judges give different rulings based on their understanding and people challenge them time and again.

It all depends on residents what they want to do, fight and create acrimony in society or work together to make it a better place for all.

Regards

[Rajk]

The DDA one time maintenance charges relate more to structural aspects of the building and complex.

As someone has already pointed out .the RWA has to meet many expenses that are of hygienic,service related and aesthetic aspects.

A clean,organised and well-maintained colony is essential for peace of mind and quality of life in the colony.

A good RWA is an asset to a colony and one should support it in all regards.

Yes,on its part the RWA has to ensure that the charges are reasonable and the money collected is properly used

 and accounted for.

It would be a shame that after paying so much residents either bicker with each other or have shabby looking,dirty colonies.

[rachna]

Sandeep / Raj K
The reason to intiate a discussion on this topic is to merely make people aware of ROLE of RWA and LEGAL validity of Maintenance Charges . Residents are unaware that they cant be FORCED to pay by RWA .

This time in 2010 scheme DDA collected 5 L per flat as maintenance charges for 30 yrs maintenance which includes structural , electrical , cleanliness , gardener , sweeper etc  .
Now according to DDA security is not part of it but where in the brochure did they specify this ??
So what are our options ?? Go in public litigation which can be done as individual or as RWA ,
This means that LEGAL OPTION of every issue is very important .

The role of RWA was very different before because they needed funds to maintain all the above mentioned services NOW THEY DONT NEED TO .

The role of any industry . service provider changes with time and we need to share all such knowledge on a public platform or in GBM

We would now need RWA for fighting legal cases against DDA :) so from where the funds will come ? obviously from residents but will all residents be able to bear the burden of this legal expense in this economic down trend and if they dont where does that put RWA

[Sameer Jain]

Agree that role of RWA needs to be relooked in our case. 5L amounts to Rs 4000 per month per flat at 10% Interest which is quite a sum for maintenance. One of the prime task of RWA now would be to work with DDA authorities and make sure they deliver with quality as per their scope.

[Rajk]

@Rachna,

 

As far as I have seen in the DDA 2010 scheme  Brochure (pg 5) ,the items covered and stated under 30 Yrs maintenance are civil works like white wash,Grit wash,plaster, maintenance of railings,floors,drains line of common areas and some kinds of civil repairs . 

 

They do not mention any services like  electrical , cleanliness , gardener , sweeper etc.

Further at para 20 at pg 7 of the brochure, it has been stated that  other maintenance ,services for common areas apart from the works covered under the 30 year maintenance would be proved by RWA of which residents should be members.

So legally speaking DDA has already specified  what its responsibilities are and which others will lie with the RWA.

 

Is this mentioned somewhere else?Can you please cite or provide the source in case you have seen it.

 

The services apart from civil works that you mention normally come under purview of RWAs in other colonies,including the earlier DDA ones.

So as far as I understand, there  does not appear to be any basis for any legal action against the  DDA.

Though, I would be happy to be corrected.

[rachna]

@RajK

I have been living in jasola sector 9 a since august 2012 . All the mentioned service are being taken care by DDA except security . I purchased the flat in resale .

[rachna]

http://timesofindia.indiatimes.com/city/delhi/Now-DDA-to-maintain-its-flats/articleshow/6818127.cms
http://archive.indianexpress.com/news/dda-new-fund-to-take-care-of-flat-maintenance/612145/
http://www.sunday-guardian.com/news/dda-residents-feel-left-out-of-new-plan

[Rajk]

@Rachna,

I had talked about this once earlier with the RWA s in earlier   DDA colonies I have stayed as well  as DDA officials.

I have been told that MCD nor DDA provides any cleaning, gardening services etc in any internal colony.

Their responsibility is on open public area and designated municipal dumps etc.

The brochure too makes a clear distinction between RWA and DDA responsibilities.

How much do you pay as RWA fees as Jasola?

Have they specified for what they are for?

Do the RWA bye-laws name DDA as the service provider?

Has the DDA issue any receipt for such services?

Is the cleaning, gardening being done by DDA staff?

I really wonder how Jasola would be an exception when DDA is not providing any  such services in its other colonies, including new ones as far as I have talked to my acquaintances across Delhi.

 

[Rajk]

@Rachna,

All the news items refer  to maintenance of flats, and DDA has in the 2010 Brochure has specifically  stated what  they would be.

The list does not state any service related to cleaning, gardening etc.

[Satya]

I've seen RWAs in DDA flats forcing residents to pay big amounts as monthly charges just for nothing while the colonies are under MCD.