• How to manage condo

Hello

I stay at Solacia apartments at Wagholi Pune which is under The Maharashtra Apartment Ownership Act, 1970. This scheme has 9 towers all coming under one phase. My question are as under

1) Can We proceed and make RWA  for our apartment scheme as it's under Apartment Ownership act, and COHS is not possible to form? If yes, how to proceed? 

2) Can all 9 towers within one phase has there own Small individual RWA which than can merge into a RWA for the entire society? This could help us manage things in a better way at a microscopic level.

3) Can our builder form a RWA for us?  

3) how can we deal with defaulters in case of non payment of maintaince?
Asked 7 years ago in Property Law
Religion: Christian

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6 Answers

In condominium, members can form apartment owners assocation . members of the apartment owners association elect a “Board of Managers” which in turn elects President, Vice-President , Secretary and Treasurer to manage day to day affairs.

2)in a Condominium every apartment owner has voting right in proportion to the value of his premises, which is generally as per the area of the apartment and is defined while forming the Condominium.

3) in case of non payment of dues you have to file suit in civil court tpoo recover dues from defaulters

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Yes, you can proceed to do so if more than half of the flt owners give consent for it.

2. Well, there will have to only one RWA .However for better management you can form various sub groups under on main RWA.

3. n, NOT LIKELY.

4. You can deprive him from giving basic facilities but can not deprive him from getting essential supply like water, electricity etc.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

As per the Maharashtra Apartment Ownership Act, 1970, apartment matters have to be taken to the normal Civil Court .In an Apartment, the builder retains the ownership of the open spaces which are not included in the saleable area.In the case of a Condominium, the Court having jurisdiction over the area in which the Condominium is located, hears the disputes

The affairs of a Condominium are managed by the Board of Managers who is elected by the members of the Apartment Owners Association. The Board also elects a President, Vice-President, Secretary and a Treasurer.In case of Condominium, even one person who owns the entire building can form a Condominium provided there are at least five Apartments in the building. In the case of a Condominium, the title of each Apartment rests with the Apartment owner, who also has a proportionate undivided interest in the land on which the building stands the common areas and facilities of the building.

Ajay N S
Advocate, Ernakulam
4079 Answers
111 Consultations

5.0 on 5.0

1. If the flats are registered under the apartments ownership act then the RWA can very well be formed if no other association exists.

Condominium refers to a large property complex divided into individual units and sold. Ownership usually includes a nonexclusive interest in certain "common properties" controlled by the condominium management.

Thus, if condominium is not feasible then this can be adopted.

2. The separate towers can have their own RWAs, they can function together under one RWA or even separately depending on the sharing of the common areas.

3. The flat owners can decide to form a RWA after a consensus has been arrived among them.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

AoA stands for Apartment Owners Association,formed under the provisions of the state ‘apartment act’. AOA has specific powers and responsibility given by the state ‘Apartment Act’

2) RWA stands for ‘Resident Welfare Associationcan be formed by any group of residents in any geographical area

an d has only the powers given to it by its Bye Laws.it is formed under the societies act

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The housing societies use the terms such as ‘Resident Welfare Association’ RWA, ‘Apartment Owners Association’ (AOA), or ‘co-operative housing society’ (CHS) terms. Quite a few times, there is not sufficient clarity about these terms.

RWA or ‘Resident Welfare Association’ is a term used more generically. RWA can be formed by any group of residents in any geographical area. A RWA is created relevant ‘society act’. On its own, RWA has control only over its members. RWA has only the powers given to it by its Bye Laws.

AOS is a body which is actually a society and which also conform to the state ‘apartment act’. AOA has specific powers and responsibility given by the state ‘Apartment Act’. It has control over all the flats even if all the flat owners are not the members.

CHS is registered under the co-operative society act of the state. It has rules and regulations to manage a housing society. By definition, all the flat owners are members of a housing society.

In AOA, the builder / developer get the lands /license and then the builder sells the flats / houses to individuals. The individual owner come together to form a RWA and then upgrade the society to AOA.

An RWA which is neither AOA nor CHS, does not have any ownership of the land or the common areas and does not powers given either by the apartment act or the co-operative society act.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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