Can societies make any rules and charge any amount they want?

[Luckysomesh3201]

L

Luckysomesh3201
PARTICIPANT
February 28, 2025 at 12:57 pm

I live in a new construction on rent. They have come up with a new rules, while moving out I have to pay Rs 2500 and a refundable deposit of 10k. How is this legal? Can societies make up rules and charge any amount they want? Is it particular to state or a city? How common are these charges?

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[Silentsuhani990]

S

Silentsuhani990
PARTICIPANT
February 28, 2025 at 1:10 pm

Check with RWA, usually these rules start from a date and cannot be retrospective

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[Luckysomesh3201]

L

Luckysomesh3201
OP
February 28, 2025 at 1:12 pm

Sorry, What is RWA?

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[Silentsuhani990]

S

Silentsuhani990
PARTICIPANT
February 28, 2025 at 1:49 pm

Residents welfare association

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[Karthikguru101]

K

Karthikguru101
PARTICIPANT
February 28, 2025 at 3:39 pm

RWA is a society mafia. they make their own rules without any legal standing. However, you will be spending from your own pocket challenging them in court.

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[Luckysomesh3201]

L

Luckysomesh3201
OP
February 28, 2025 at 3:42 pm

So basically another corruption, as a common man just suffer. Sad.

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[Karthikguru101]

K

Karthikguru101
PARTICIPANT
February 28, 2025 at 3:48 pm

You ask them for GST registration. They cannot collect 2500 without GST.

If they are not collecting GST, ask for receipt and send the association details along with receipt to the GST authority( a simple mail with attachment). That’s the easy way you can harassment them.

if they are collecting GST, then ask the association for the challan details for the GST paid against your bill. (Should not be delayed by more than a month).

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[Luckysomesh3201]

L

Luckysomesh3201
OP
February 28, 2025 at 5:41 pm

Thanks, will do.

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[Karthikguru101]

K

Karthikguru101
PARTICIPANT
February 28, 2025 at 3:51 pm

You can ask for the bye-laws or the GBM Mom which had ratified the moving out charges. If not in bye-laws, then the GBM MoM has to be acknowledged by the competent guardian authority set by the government.

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[Simranhawk952]

S

Simranhawk952
PARTICIPANT
February 28, 2025 at 5:10 pm

Ask them to provide the demand written on a letter head with society’s all details and taxation.

Also ask for the by laws of the society.

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[Luckysomesh3201]

L

Luckysomesh3201
OP
February 28, 2025 at 5:41 pm

Thank you.

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[Swatiguy707]

S

Swatiguy707
PARTICIPANT
February 28, 2025 at 6:40 pm

Practising advocate here:

This depends on many different factors, including what the RWA’s bylaws say. That being said, no change they make can be enforced in a retrospective manner, especially considering that you’re an owner, and not a tenant.

And any steps that you take, including all communications with them, get it all in writing.

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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**

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