RWAs ‘dissatisfied’ with govt order on their functioning

GURUGRAM: Representatives, federations, and other stakeholders of Resident Welfare Associations (RWAs) have expressed dissatisfaction with recent state government decisions to streamline the functioning of such associations.

The Haryana government on Thursday issued directives to conduct RWA elections within six months from the date of appointment of association administrators. It also imposed curbs on spending and recruitment by administrators and asked for issues pertaining to RWAs to be resolved within 15 days. But stakeholders have demanded that the government appoints two separate district registrars and come out with a fresh RWA policy after removing inconsistencies in the Haryana Registration and Regulation of Societies (HRRS) Act, 2012. The issue of RWA mismanagement and ad hoc appointment of administrators, and delay in elections was raised by the associations at the April 29 Sewocon.

“There is a need to amend the HRRS Act to ensure smooth functioning of RWAs. Presently, the office of district registrars is too powerful and protected with indemnity due to the quasi-judicial nature of this act,” said Gaurav Kalra, member, HRRS Act Amendment Panel. The HRRS amendment was also introduced as a private member bill in the state assembly by Badshahpur MLA Rakesh Daultabad earlier this year. “In case elections are not held within six months, what is the legal implication for administrators? It must be understood that apartment owners’ associations are not state-aided and these RWAs raise their own funds and hence function as separate entities.“

Parvin Malik, president, United Associations of New Gurugram said that there is no provision in the Act which holds RWA executives accountonce able. “There is a need to cover such possibilities in the law. Also, there is an unbalanced mix of functional and dormant provisions. There is a need to come out with a better order of things,” he said.

Ritu Bhariok, lawyer and activist, opined that the government should come up with a revised RWA policy in tune with plotted colonies, group housing and affordable housing. “There should be no inconsistencies due to different Acts and all owners should get equal rights. Right now, these are merely cosmetic changes,” she said.

Sanjit Kaur, district registrar, Gurugram, said that these measures will help in streamlining the functioning of the associations and reduce their financial burden. “We are already trying to ensure early elections, and these directives will further aid in eliminating the irregularities involved in the functioning and appointment of administrators.”

During the April 29 Sewocon, Haryana chief minister Manohar Lal Khattar had announced that a panel of administrators will be formed, and two new district registrars will be appointed to deal with RWA matters.

There is a need to amend the HRRS Act to ensure smooth functioning of RWAs. GAURAV KALRA, member of HRRS Act Amendment Panel