New Delhi: Complaints regarding entry-exit fees, move-in/move-out charges or shifting fees imposed on new tenants and flat owners continue to surface across several housing societies in Delhi-NCR. The practice has sparked debate over whether Resident Welfare Associations (RWAs) are legally empowered to levy such charges.
According to legal experts, an RWA cannot impose arbitrary fees unless there is a clear legal basis for doing so under the society’s registered bye-laws or applicable laws.
What Does the Law Say?
Experts explain that RWAs are permitted to frame reasonable rules to ensure the smooth functioning and security of the society. These may include fixing designated shifting hours, requiring tenant verification, or implementing procedures to protect common areas during the shifting process.
However, charging residents or tenants simply for entering the society or shifting into or out of a flat is generally not considered legally valid unless such charges are specifically authorised by the society’s registered bye-laws and comply with applicable laws and regulations.
What Should Residents Do If Asked to Pay?
Legal experts advise residents who believe they are being asked to pay an unauthorised fee to first seek clarification from the RWA in writing. They should request the legal provision or registered bye-law under which the charge has been imposed.
If the issue remains unresolved within a reasonable time, residents may consider approaching the appropriate authority depending on the nature of the dispute. This could include the Registrar of Societies, Cooperative Court (where applicable) or the Consumer Commission.
Why Written Records Matter
Experts recommend that all communication with the RWA should be made through email or a written application. Maintaining proper records of complaints and responses can prove crucial if the matter eventually reaches a legal forum.
Experts Recommend Dialogue First
Legal professionals emphasise that both RWAs and residents should act in accordance with the society’s registered bye-laws and the relevant state laws. They suggest that disputes should first be addressed through discussion and written communication before escalating the matter to statutory authorities.
Disclaimer