The questions are answered by industry experts & the Mygate Team.
Q1. Can a gated community have more than one RWA?
The short answer is No. Once an RWA is registered in your community, it holds all legal rights and can’t be replaced by another. This existing RWA has the authority to take legal action and enjoy benefits under the law.
In fact, a notable incident back in 2019 in Gurugram involved four RWAs operating simultaneously in Mayfield Gardens in N-Block, which led to conflicts among residents. The district registrar intervened and cancelled the registrations of these RWAs. According to the Haryana Registration and Regulation of Society (HRRS) Act, no colony can have more than one functional RWA, and only a single common governing body can manage services and facilities in that area.
However if discontent is thick in the air i.e. if a resident or a member of the association is not satisfied with the current RWA, they can file a complaint with the Registrar of Societies.
If the current RWA is defunct—perhaps its term has ended —then they can then establish a new RWA. They just need to follow the Apartment Owners Act or Societies Registration Act and publish a notice in the newspaper.
Q2. Can the society claim a GST refund from the builder if maintenance was only provided for 5 months and not the full 2 years?
If the builder collected 2 years of maintenance fees, including 18% GST, but only maintained the building for 5 months, the builder is required to refund the maintenance fees for the remaining months along with the corresponding GST.
To address this, the apartment owners or association should:
1. Write to the Builder:
– Send a formal letter requesting an explanation for why the GST for the unused maintenance period was not refunded.
– Specify a clear deadline for the builder to respond.
2. Consult a Legal Consultant:
– Engage a legal consultant with expertise in residential property matters and accounting.
– Have the consultant draft a notice demanding the refund of the GST for the unused maintenance period.
The builder should then issue a credit note for the unutilized months, adjusting their taxable income to reflect only the 5 months of maintenance. This will allow the builder to claim a refund or adjustment for the excess GST that was initially paid.
Q3. Can any external organisation help me install solar panels in my community?
If your society needs assistance with installing solar panels on the rooftop, you can reach out to the Directorate of Cooperative Societies. They can connect you with the right resources and authorities, making the process easier and encouraging your community to adopt sustainable energy solutions.
Q4. Is it fine for my residents to promote any business on the Mygate feed?
If you recommend a business on the Mygate feed, please disclose any relationships or financial interests. This includes stating if the business belongs to a friend, relative, or networking group, or if you have an ownership or investment stake in the business.
Q5. Do the recent changes in criminal laws impact building bylaws? If yes, how should we adjust and adapt?
(Ashish, Surabhi garden)
The new Bharatiya Nyaya Sanhita Act has no direct impact on the model bylaws already implemented. However, this act covers all criminal offences that may come under bylaws – vandalism, criminal trespassing etc… Therefore offences of this nature would be subject to the penalty imposed by the act. To be better equipped it would be in one’s best interest to familiarise themselves with criminal offences that would fall under the bylaws.
Q6. What are the typical reasons for the disqualification of candidates from RWA elections?
(John, Sunlight greens)
Candidates may be disqualified from RWA elections due to reasons such as non-payment of dues to society, breach of society rules or bylaws, criminal convictions, or failure to meet eligibility criteria specified in the election guidelines. Additionally, a member cannot contest an election if they fail to pay society dues within three months of receiving a written notice. Additionally, an Associate Member without a No-Objection Certificate from the Original Member cannot participate in the Election.
Q7. What is the expense distribution factor for RWF?
(Jigar, Kalpataru Sunrise)
The expense distribution factors for a Resident Welfare Fund typically involve how funds collected from residents are allocated and distributed to cover various expenses and initiatives within a residential community. The specific factors and methods for expense distribution can vary based on the bylaws and policies of the RWA or housing society, as well as the needs and preferences of the residents. The basic consideration fpr expense distribution is done on the basis of the nature of expense incurred. For instance, shared expenses like service charges are divided equally among all residents, while personal consumption expenses like water charges are calculated based on individual usage. Each society follows its own guidelines, often outlined in state-specific bylaws, ensuring fair allocation tailored to community needs.
Q8. Can by-laws be amended to increase the number of MC members?
(Mitesh, Srishti Complex)
By-laws are regulations made by the local authorities to establish an internal system for decision-making and the obligations of members. The Managing Committee once set up, is responsible for taking up the financial, operational, and executive duties. The number of MC members cannot be increased by amending the by-laws. However, you can appoint two people as advisors to the Committee. They can attend MC meetings and provide advice but do not have voting rights on any resolutions.
Q9. What are the guidelines for electrical charging infrastructure for EV charging in an apartment?
(Abhishek Arora, Alpine Viva)
Navigating the regulations around EV charging infrastructure in gated communities can be daunting, especially since guidelines vary from state to state and city to city. Interestingly, there are currently no pan-Indian guidelines to streamline the process. For Resident Welfare Associations (RWAs) gearing up to install electric vehicle (EV) charging stations in apartment complexes, understanding these nuances is key. To simplify this journey, we’ve put together a comprehensive guide that covers everything RWAs need to know about implementing EV charging infrastructure, complete with current guidelines and best practices.
