• Utilization of RWA corpus

Sir,
Ours is an about decade old RWA (33 acres colony), and we have totally 226 plots (In 3 Phases) out of which about 98 are members (who paid corpus) and about 30 have build their homes and reside. Since we do not have any recreational or sports facilities but HMDA have allocated amenities space in the approved layout. Every new buyer is paying corpus, which is piling up in the banks, but we have several issues in the colony for which fund is not available.I have few doubts please anyone clear it.
a) Is there any restriction for increasing corpus, i.e.., amount & duration.
b) we have no childrens play area, swimming pool, sports area etc.
c) can corpus be utilized for the above developments, if no then how can we develop our colony, because there is no other income for the colony except to be members paying corpus.
Asked 7 years ago in Civil Law

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7 Answers

Normally corpus fund or maintenance fund denotes a permanent fund kept for the basic expenditure needed for the survival of the organization.

 Corpus fund is generally not allowed to be utilized for the attainment of the purpose but interest or dividend on such fund can be utilized.

For example, an amount of say Rs 1.5 lakhs for 2 years will be collected from each buyer as Corpus Fund and the interest earned on this fund will be utilized for payments to the Facilities Management company. Many mid-size builders collect funds to manage the maintenance fund till the society is formed. The Builder shall transfer the corpus fund to the Association after its formation.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

corpus can be utilised for development of swimming pool , children play area , sports area after obtaining prioe consent of members in AGM

2)you can increase corpus amount after obtaining approval of members

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

complain to returning officer regarding refusal of MC members to take action against fraudulent voting in elections to MC

2) enclose copy of complaint to registrar for necessary action

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You may take the matter with the registrar of societies against the election and formation of Management Committee and request for the investigation in this regard in case there is any problem you can file a PIL in High Court.

Know about the collection and use of the Corpus the resident welfare Association in the General Meeting of its member can propose collection and use of Corpus for development purpose and also proposed to make compulsory for all the residents members to be compulsorily be member of resident welfare Association on payment of requisite application fee if approved by AGM the resident welfare Association main use the funds for the development process.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

is there any registered, if yes, through resolution u can with the AGM approval

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

a) Is there any restriction for increasing corpus, i.e.., amount & duration.

No it is a matter to be decided in the meeting of the association.

b) we have no childrens play area, swimming pool, sports area etc.

c) can corpus be utilized for the above developments, if no then how can we develop our colony, because there is no other income for the colony except to be members paying corpus.

No play area can be developed out of the corpus funds.

This fund is meant for specific purpose of the maintenance of the buildings and common areas.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

But the President is deliberately not taking any decision, because his close friend will loose.Kindly help us in this matter.

Thank you

If you suspect any fraud in this you may write to the association about this and instruct to initiate legal steps to solve this issue.

If there is no positive result then you may approach cooperative court and also initiate appropriate action as per law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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