No, RWA can't stop entering into flat to owner. You can make complaint to initially to Builder than to Sub Registrar of your property area, who looks about all Society  or Association functions. Making complaint in writing  all details.

1. No RWA restrict a flat owner in having peaceful enjoyment of the property including free ingress or egress into the respective flats even if there was maintenance charges were pending. 

2. So the resolution of the RWA can not override the general law of the land which gives constitutional rights of the owners in enjoyment of property without any lawful restrictions. 

3. Therefore RWA resolution has no legal basis of ebfirceability. 

Nothing can stop you. If they prevent you or harass  you can take legal action against them. Societies and apartments can have their own bye-laws and rules but it has to come within the ambit of the general rule of law. They cannot overrule someone's fundamental right or create a rule on their own.

No they can't. It's illegal,you can complaint to police and charge them for wrongful restraint

Well i must say the RWAs nowadays operate like they are some country and they can pass laws arbitrarily. Fike a criminal complaint against the office bearers immediately but first give them a legal notice. Also file an application before the registrar against sucha RWA.

RWA cannot ban entry of flat owner or of his household goods 

You can complain to registrar against RWA 

Yes, in case of any dues pending for payment then RWA may ban the entry of the apartment owner till the payment of dues but RWA actions may be contested by filing a writ petition in High Court if you think the decision of RWA is uncalled for.

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Dear sir,

No, the RWA cannot ban entry into your own house. This act of RWA is illegal and you can complain to jurisdictional police in order to seek immediate remedy stating that RWA is wrongfully restraining you.

You can also complaint to the Registrar of societies challenging the illegal bye laws. 

Best wishes. 

File a complaint against the RWA in the registrar cooperative Societies office. 

No RWA has no such authority. Against any force obstruction and restrain, file FIR.

Maintianance is payable from date of OC and registration date which ever is later.

Dear Sir,

As you have paid the maintenance to the builder the RWA cannot stop your entry. It is a criminal offense. You may lodge a complaint or civil suit as no one can restrain the entry of the owner. It RWA finds any dues then it can go to the civil court by filing a civil suit for recover. It cannot take law into its hands.

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Rights and Duties  of residents  in an apartment society

Rights of the residents in an apartment society:

• Every apartment owner is obliged to be a member of the apartment association which is formed for the welfare of the people.
• If it is a joint ownership, the first person named in the title document will be the member.
• Every apartment owner will be bound by the bye-laws.
• Residents of apartment are either apartment owners or tenants.
• All apartment owners are termed as members of society or association and all tenants who are staying in the apartment on a rented basis are termed as associate members.
• A resident has the right to attend the general assembly meeting and discuss the subjects.
• A resident has the right to get a copy of the co-operative society act and the bye-law.
• A resident has the right to get the list of members and managing committee.
• A resident has the right to get reports such as balance sheet, profit and loss A/c, details of income and expenditure of the society.
• A resident should not be discriminated between the members.
• A resident should not be imposed with unlawful restrictions.
• A resident has the right to get attended or addressed about his complaints and grievances.
• A resident has the right to take decision on the rate of contribution regarding the maintenance fee, maintenance and repair fund and sinking fund etc.
• A resident has the right to take decision about the penalty to be charged on members, violating by-laws of the society and to determine its amount.
• A resident has the right to participate in all activities of the society.
• A resident has the right to attend and vote at general body meeting.
• A resident has the right to contest election.
• A resident has the right to seek information from the society.
• A resident has the right to get the minutes of meeting.
• A resident has the right to inspect documents, books and records with prior notice to the management committee.
• A resident has the right to the occupation of flats.
• A resident has the right to complain at the registrar in case of an improper functioning of a society.
• A resident has the right to acquire the share certificate.
• A resident has the right to know about the affairs of the society.
• A resident has the right to transfer/inherit the property.
• A resident has the right to undivided interest of the common areas.
• A resident has the right to use the common area as needed.

Duties of the residents:

• A resident has to follow the regulations created in the general body meeting or managing committee meeting.
• A resident has to provide the necessary information and documents to the registrar or to the society.
• A resident has to follow the rules of the association and obey the bye-law.
• A resident should ensure that they maintain cleanliness in the common areas.
• A resident should respect their neighbours and their privacy.
• A resident should maintain good relationship with their society members.

Rights and duties of a tenant in an apartment society:

Rights of the tenants:

• The tenants have the right to get the leasehold/tenancy agreement.
• The tenant should be aware about the rules of having pets in an apartment.
• The tenants have the right to get proper receipt for the deposit, rent and maintenance paid.
• The tenants have the right to get a copy of bye-law and rules of association.
• The tenants are the associate members of the apartment association.
• The tenants have no right to vote or in an association decision making.
• The tenant should respect their neighbour’s privacy and follow the apartment bye-laws.
• The tenant has the right to use common areas and notify the landlord about any issues.
• The tenant should follow the guidelines for inviting guests and use the common areas.
• The tenant will not be discriminated between the members of the association and themselves.
• The tenants will not have any unlawful restrictions on them.
• The tenants have the right to invite the guests and use the common area or amenities.
• The tenants have the right to get parking badge or sticker on the vehicle.
• The tenants have the right to hire a domestic help.
• The tenants have the right to get apartment staff help like plumber, electrician, carpenter, pest control, etc.
• The tenants have the right to attend the association meeting on behalf of the landlord, if authorised by the owner of the flat in writing and agreed by the managing committee.

- As per law, A RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- No, Flat owner can be stopped from using his flat as per his requirement , and renting out his flat to anyone including Bachelors

- Further , no male/female servants/guest can be stopped from entering into the society, if the society is doing this, then the person harassed, they can claim compensation as well.

- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Hence, the said action of preventing the owner from his flat , is against the capacity and power of the RWA . 

- You can lodge a complaint before the police against this Tuglaqi Farman .  

- Further , you can also lodge a complaint before the Registrar as well , and can pray to take legal action against the management of the RWA. 

The RWA is not an authority to prevent an owner of the flat to enter into his property.

You can give a complaint to the police as well as to the Registrar of societies for this atrocity.

RWA has control over the common areas alone and not over the flats owned  by the members.

You issue a legal notice to the Association that on what basis or provisions of law that they are objecting or preventing a legal owner of the property to acquire the property purchase by him by a registered sale deed.

This is an abuse of power and misusing the authority conferred on the association.

The association can be dragged to cooperative court and seek removal of all the members who indulge in such illegal; activities.

What is the builder opining about the attitude of the association's illegal dictates.

If at all the association finds any violation of the rules by new or old members, they can very well initiate legal; action as per bylaws of the society.

They cannot take law into their hands and terrorise the members without any rhyme or reason.

You consult a local advocate and teach them a proper lesson so that they do not repeat such illegal activities against any member.

1. No RWA cannot restrain owner of flat from entering or living in the flat and they also cannot ban entry of household goods.

2. You can lodge FIR against executive committee of RWA for illegal confinement and criminal intimidation.

3. You can also file civil suit for permanent injunction against RWA for restraining them from  banning your entry in the flat.