No. All residents can refuse registration rule by majority.
Call the police if any obstruction created.
You can also complain the police that they are forcing you go out where Govt. Restrictions imposed on senior citizens to travel.
Our apartment is registered under KAOA and the MC wants to implement rule that only Cars registered with RFID will be allowed to enter the compound. I have a car park alloted to me by builder. I am senior citizen and do not want to go for registration of RFID at the main gate because I fear corona infection. The management committee says they will impose fine of Rs 1000 if the car is registered immediately. Please advise can they force senior citizens and other residents to register and impose the fine. And can take help from police if they do not allow me to enter my apartment and I file a legal case against them for harassment and endangering my life by forcing to register.
No. All residents can refuse registration rule by majority.
Call the police if any obstruction created.
You can also complain the police that they are forcing you go out where Govt. Restrictions imposed on senior citizens to travel.
Hello Sir,
It's nothing harm to register your car with RFID. It's better to insert this card in front side of your car and I think this is done once only.
You can handover your car key to someone to insert this RFID card.
If you don't want to perform RFID, then you can complaint against MC to sub registrar of KAOA in your area. If such bylaws is not passed in the AGM or SGM.
Dear sir,
They cannot force such decisions upon you or impose any fine legally.
Yes, you can lodge a complaint in the jurisdictional police station for causing wrongful restraint and seek their help to enter the apartment.
Filing a civil case is not advisable because these are trivial issues.
As a remedy you can challenge their decisions and bye-laws before the appropriate authority under the KAOA, but again, getting a RFID is easier than the legal hassles.
Hope this answer helps.
Best wishes.
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, and to avail other facilities.
- Further , cannot make any rule against the consent of the owner of flat , if the society is doing this, then the harassed victim can lodge complaint and also can claim compensation as well.
- RWAs 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.
- Further , a per law, an RWA association should follow that:
1. Senior Citizen should remain integrated in society and participate actively in the formulation of policies which effect their well being.
2. Senior Citizen should have access to health care to help them maintain the optimum level of physical, mental and emotional well-being.
3. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society.
4. Senior Citizen should be able to live in dignity and security and should be free from exploitation and mental and physical abuse.
- If the RWA is not adopting these laws, then you should report the Secretary/registrar of the society.
- You should give a written complaint, if the RWA association is implementing unfriendly rules which are creating hardship to senior citizens.
- You can also lodge your complaint with the police as well.
Please be aware that any resolution passed by the management company must be abided by all the apartment holders because these is IT solutions are passed for the benefit of the residents.
To prevent unauthorised car entries in the society if RF ID tags are being implemented by the society for entering the society is a very good option to control the entry of the cars in the society.
Your concerns about the registration and visiting the office for registration is genuine somehow and you can request the society to provide the registration by their staff at your step if possible to avoid any contact chances of infection by corona virus.
I think this solution can be arranged by r w a in case of senior citizens as they are more prone to to infections.
Management has to adopt practical approach not force senior citizens to register vehicle and impose fine
send letter signed by majority of residents to defer implementation of new rule on account of corona pandemic
No. It is arbitrary and illegal.
No bylaws, Act,ordinance, Statutes binds that members of Society must get RFID registered at the main gate.
If entry of your vehicle not allowed then
You Please issue legal notice/letter to RWA MC and seek under what provisions of law they are mandating to members of RWA for registration of RFID at the main gate.
If some one do not allow you to enter your apartment then Please call immediately Police contrl Room from your mobile and seek help of police to get Criminal charges against the person registered under section 341 of IPC for wrongful restrainment which is cognizable offense under Indian Penel Code 1980.
FIR would be registered against RWA and MC for restraining you unlawfully.
The rules or the bylaws are common for all the residents/owners the apartments in the association.
You cannot agitate the issue citing flimsy reason.
The coronal has nothing to do with the RIfD registration.
You can take the help of any close relative in case you find it difficult to get the same registered.
You will not get any legal support if you intend to violate the law or rules meant for it.
The police will not come to your help if you are adamant and stubborn over the issue for no valid reason.
Hence better cooperate with the association and take their help and cooperation in this regard.
See....RWA is doing so for your safety.
There is nothing wrong in going till gate and getting an RFID.
Bylaws of the society are to be followed
No they cannot force senior citizens to go for RFID registration during this period of pandemic.
You can file a petition for permanent injunction against RWA for restraining them to put any fine for non registration of RFID till COVID comes under control or hire an agency for registration of vehicle with in the society, so that no resident have to go out of society for registration.
You can make a complaint to Registrar.The Registrar will send a show cause notice to Chairman and Secretary of your society..