Issue legal notice to HOA that inspire of repeated reminders no action has been taken to maintain lifts ,clear the waste .eyc 

if they fail to do so file complaint against HOA before consumer forum and seek compensation fir mental torture undergone by you and directions to HOA to maintain the complex 

Your contract was with the builder 

Once the builder hands over the charge to the society,  the latter is not bound by what was agreed between you and the builder as the society was not a party to the same

So the society can revise the maintenance charges and is not bound by the charges agreed between you and the builder so long the project was in control of the builder 

However the society is obligated to provide a break up of the maintenance charges and if certain maintenance work is pointed out by the member the society has to attend to it and cannot tell the member to go and ask the builder 

If the society doesn't revert to your request you will have to escalate the issue with the district deputy registrar of co operative societies by filing a complaint 

- If the builder has already handed over the building to the society , then the society is under obligation to maintain the building and its common area. 

- Further, the society is also bound to take maintenance amount from the flat owner and not the builder.

- Lodge a complaint before the society for the same. 

- However, you can send a legal notice to the said builder 

Dear Client,

In India, HOAs (usually referred to as Resident Welfare Associations - RWAs or Cooperative Housing Societies, depending on the form of registration) are normally established under:

• The Societies registration Act, 1860: A large number of RWAs are registered under this broad Act.
• State-specific Cooperative Societies Acts: State-specific Cooperatives Housing Societies Societies Acts.
• Apartment Ownership Acts corresponding to the State: (e.g. Maharashtra Apartment Ownership Act, Karnataka Apartment Ownership Act etc.) where available, of Associations of Apartment Owners.
• Real Estate (Regulation and Development) Act, 2016 (RERA): Although RERA is mostly relevant to the developers, it also includes a part regarding the Association of Allottees formation and maintenance delivery.

Step 1: Get the Bylaws/Governing Documents

This is your foundational step. You must get a copy of your HOA's registered bye-laws or articles of association.

Where to get them:

• From the HOA/Managing Committee: This is the primary source. Make a formal written request (email is good, but a physical letter with acknowledgment is better). Refer to your rights as a member. They are legally obliged to provide this.
• From the Registrar of Societies/Cooperative Societies: If your HOA is registered under the Societies Registration Act or Cooperative Societies Act, you can often obtain a certified copy of their bye-laws from the respective Registrar's office. This may involve a small fee. This is your alternative if the HOA continues to ignore you.

Step 2: Formal Communication and Evidence Collection

• Compile all your previous communications: Keep records of all emails, letters, and dates of verbal requests regarding maintenance issues and breakdown of charges.
• Send a detailed, formal letter/email to the HOA/Managing Committee:

• Refer to your original purchase agreement: Highlight the discrepancy in maintenance charges vs. services (2700 vs 4000, and removal of pool/gym/generator from common charges). State that the HOA cannot unilaterally alter the terms of your purchase agreement if it's binding on them (which it often is, especially if the builder was part of the HOA formation and handover).
• Demand a detailed breakdown of current maintenance charges: Request a clear bifurcation of what the Rs. 4000 covers and what is specifically charged for the pool, gym, and generator.
• Highlight the specific deficiencies and hazards: List the unaddressed issues (gutter, sewer drain, DG boxes, dirty lifts, waste). Attach photos/videos as evidence, especially for fire/electrocution hazards.
• State your concern: Express your worry about safety and the poor state of affairs, especially regarding major breakdowns.
• Set a deadline: Give them a reasonable timeframe (e.g., 15-30 days) to respond and initiate corrective action.
• Mention next steps: State that failure to address these concerns will compel you to seek appropriate legal remedies.

• Gather evidence of negligence: Continue to take photos and videos of the dirty lifts, sewer waste, poor pool/gym condition, and the hazardous DG switching boxes. Document dates and times. Get statements from other residents if they share your concerns.

Step 3: Legal Recourse Options (If HOA Fails to Respond/Act)

Once you have your bye-laws and have formally communicated your grievances with documented proof, you have several avenues:

1. Consumer Forum/Commission:

• Strongest Option: This is often the most effective and relatively quick recourse. The National Consumer Disputes Redressal Commission (NCDRC) and various State and District Consumer Commissions have consistently held that housing societies/HOAs providing services in exchange for maintenance charges fall under the Consumer Protection Act, 2019.
• "Deficiency in Service": Your case clearly demonstrates "deficiency in service" (failure to maintain common areas, neglect of hazards, lack of transparency, failure to provide amenities as promised, or charging for services not rendered).

1. Registrar of Societies/Cooperative Societies:

• You can file a complaint with the Registrar under whose Act your HOA is registered. The Registrar has powers to intervene in the management and financial affairs of registered societies if there are violations of the Act or bye-laws, or mismanagement.

1. Civil Court:

• You can file a civil suit for mandatory injunction (to compel the HOA to perform its duties), prohibitory injunction (to stop them from charging illegally), and declaration (regarding the illegality of the charges). This is typically a longer and more expensive process.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Dear Sir/Madam, 

You are suggested to approach the office of registrar of society and submit due complaint against the HOA regarding their working flaws as well as ill maintenance, arbitrarily increasing maintenance and removing facilites, etc. Also, get the bye laws from there itself. 

From your post it is not clear whether your HOA is a registered body because if it is an unregistered body then there is no point in taking any legal actions against them.

However presuming that the HOA is the apartment owners registered association then they are bound by the bylaws and you can always get the copy of the bylaws from the secretary of the association or even visit the office and peruse the bylaws in this regard.

The issues you pointed out can be discussed in a general body meeting or in an emergency or special meeting that can be called for based on the emergency situation especially when the things are going out of control and no action has been taken by the association despite many requests made  by the members.

If the association is charging the maintenance for all the amenities separately then they are liable to maintain the amenities facilities also properly, failing to do so can be construed as deficiency in service.

You can, then, either approach the registrar of cooperative societies with a complaint against the management of the association or the consumer commission for deficiency in service or even the cooperative court to get your grievances redressed and for remedy and relief

It's actual technical name is Resident Welfare Association(RWA) .

Resident Welfare Associations (RWAs) are generally not directly covered under the RTI Act. 

While RWAs are registered legal entities, they are typically considered non-governmental organizations and not public authorities as defined by the RTI Act. 

However, information related to RWAs can sometimes be accessed through the Registrar of Societies, as RWAs are registered under it. 

Yes you can do rti as well as complaint to registrar 

The Madras High Court has held that cooperative societies are not "public authorities" under the RTI Act and are not obligated to provide information requested under the act. 

2)If a cooperative society receives substantial government funding or is controlled by the government, it might be considered a "public authority" and thus fall under the RTI Act

3) HOA does not fall under RTI 

Dear Sir/Madam, 

You are suggested to approach the office of registrar of society/HOA with an RTI application, if the same is accpeted, it's good. Otherwise file written complaint on the same issues/subject on which RTI application is intended. 

issue legal notice to association to submit break down of maintenance charges 

The correct forum of complaint would be registrar of society/HOA. 

Yes Registrar comes under rti. And you can also file consumer complaint in above matter. There is a huge corruption happening many of the housing societies and funds are mismanaged and usurped 

You can demand the details by issuing a legal notice either through an advocate or by yourself, if this doesn't invoke proper response you may resort to further legal course of action.

• Send a written request (email + hard copy via speed post) to the HOA asking for:

  • Detailed maintenance charge breakup

  • Latest audited financial report

  • Explanation of what facilities are excluded and why

• If they ignore you:

  • File a complaint with the Registrar of Societies under which the HOA is registered (usually with the District Registrar or State Co-operative Department).

  • Attach proof of communication.

• RTI is not applicable directly to the HOA as it is a private body, but you can file RTI to the Registrar of Societies to obtain:

  • Copy of the HOA’s bylaws

  • Filed annual returns and audits (if submitted)

• In case of fire/electric hazards, you can also raise a safety complaint with your local municipal corporation or fire department.

Dear Client,

You are absolutely correct in your assumption that your HOA (Resident Welfare Association - RWA) is generally a private entity, and thus, the Right to Information (RTI) Act, 2005, does not directly apply to it. You cannot file an RTI application directly to your HOA.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

- Yes, you can file an RTI for getting the same 

- However, it is better to send a letter or notice 

• Send a Formal Written Notice
  Serve a legal notice to the HOA/RWA through a lawyer demanding:

  • A detailed maintenance charge breakdown.

  • A copy of the financial reports for the past two years.

  • Immediate rectification of safety hazards and pending minor repairs.

• File a Complaint to the District Registrar of Societies
  Since your HOA is a registered society, you can file a complaint with the Registrar of Societies, Punjab, under the Societies Registration Act, 1860. Attach:

  • Your property ownership documents.

  • Proof of maintenance payments.

  • Your written complaints and their inaction.

• RTI is Not Applicable Directly
  RTI applies to public authorities, not private RWAs/HOAs. However, you can file an RTI to the Registrar of Societies to seek:

  • Registration certificate of the HOA.

  • Copies of annual returns and financial disclosures submitted to the Registrar.

  • Rules and by-laws submitted by the RWA at the time of registration.

• Approach the RERA Authority (if the project is RERA-registered)
  File a complaint with Punjab RERA, especially if:

  • The builder has not formally handed over common areas.

  • The HOA has failed to maintain basic amenities.

  • Financial accountability is missing.

• Use Cooperative Court or Consumer Forum
  If the RWA does not respond, you may file a complaint in the Consumer Forum for deficiency in service or in the Cooperative Court . 

  In case you need my assistance in the matter I can be contacted on 

   

   

  Regards,

  YUGANSHU SHARMA

  SYS LAW OFFICES