Understanding Option Chain

Self Welfare or Resident Welfare Association

Today one of my friend told me that he is planning to contest election for his apartment Resident Welfare Association. He aspire to become President of Resident Welfare Association. Objective is Self Welfare instead of Residents Welfare. Quite interestingly, this particular plan is my friend’s retirement plan (Regular Source of Income). In last 12 years, i have stayed in 7 apartments in 2 different cities & it’s quite unfortunate to conclude that Resident Welfare Association has become Gold Mine for Corruption.

Corruption is more prevalent in bigger apartment complex. Reason being, In small apartments there is a watch on every penny spent. In a big complex, money is freely available for spending. More expenditure means more corruption. One interesting observation from my side, economies of scale does not apply in maintenance cost. Ideally maintenance cost per sq ft of small complex should be high compared to big complex but it’s always other way round. According to my calculation, 20% to 30% of total monthly maintenance budget can be easily earned back by office bearers of Resident Welfare Association through fake bills, kickbacks, commissions or cuts.

Some of the simplest ways to earn kickbacks are as follows

1. Cuts from personal support staff & vendors like maids, car cleaners, milkman, newspaper vendor, cloth iron vendor etc. The Resident Welfare Association issue limited passes & create monopolistic scenario. These vendors get good business and can happily pay good amount in return as bribe. Can u imagine, in one of my previous apartment complex of 600 flats there were only 2 vendors each for cloth ironing, milk supply & newspaper. No need to say more :)

2. Consumables like water & diesel for generator are other big money spinners. Normally there is no accounting of billed v/s actually consumed for big complex. Easily 20%-25% of expenditure on these consumables can be siphon off. In one of complex, few million Rupees were spent on water bore wells but supply from these bore wells were negligible. Project was undertaken just to siphon off money.

3. Cuts from Security & House Keeping agencies. No one count how many people are employed for these jobs. Resident Welfare Association will pay to agency for 30 security guards and 40 House Keeping staff but in actual only 15 guards and 20 house keeping staff is working. If anyone point out then simple excuse is that rest of staff is on leave today. Imagine the quantum of money being made because agencies are hands in gloves with Resident Welfare Association (for the welfare of office bearers).

I can share 100 more loopholes but unfortunately it can’t be controlled. Residents are also equally responsible for misuse of their hard earned money. We feel proud by negotiating with road side vendor & saving 10 Rs but don’t care for 4k-5k per month we are paying towards maintenance.

In my opinion Right to Information Act, 2005 or RTI Act is the most revolutionary step post independence. This act can help in accountability of Resident Welfare Association but unfortunately RTI Act does not cover Resident Welfare Association directly under its ambit despite the fact that Resident Welfare Association is registered legal entity. It’s actually a grey area. The Resident Welfare Association come under Registrar of Societies and Registrar of Societies come under RTI Act. Therefore any resident can demand any information regarding working of Resident Welfare Association through Registrar of Societies but It actually defeats the whole purpose. Reason for this anomaly is that office bearers of Resident Welfare Association are in office of Non-Profit (technically) as they don’t get salary or profits for their work but reality is totally different. I hope & wish that next amendement to RTI Act by Government will bring Resident Welfare Association directly under it’s preview.

Copyright © 2011-2013 Nitin Bhatia. All Rights Reserved.

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Neeraj Patil
Neeraj Patil
10 years ago

Hello Nitin,
As you have good amount of experience in staying in Apartments.
It would be good if you come up with a blog regarding responsibilities of the Association.
This can help readers / residents to at-least think how the money being spent in the name of maintenance.
Thanks!

Nitin Bhatia
Nitin Bhatia
10 years ago
Reply to  Neeraj Patil

Responsibilities of association are mentioned in the Society By-Laws which will be drafted at the time of forming & registering the association. Rules, Roles and Responsibility varies from association to association e.g. in one of my previous society there was NO PET policy in By-Laws but current society allows the same.

Sager
Sager
10 years ago

Please tell me any rule , we not pay RWA charge. I am working in private company last 6 month i have no job but RWA every time force pay amount. Can any one tell me its necessary or not . I have big loan for my builder flat.

Nitin Bhatia
Nitin Bhatia
10 years ago
Reply to  Sager

Unfortunately you cannot default on maintenance charges to paid to Association / RWA

mohammad
mohammad
10 years ago

Please write something about DDA flats 25000 at Delhi.
I have applied and my wife also.
Should we invest or not?
i am ok with 5 yrs lock up period.
tips please,

Nitin Bhatia
Nitin Bhatia
10 years ago
Reply to  mohammad

Sure. Will write a post on Govt Housing Schemes.

laxmikant Singh
laxmikant Singh
9 years ago

Hi Nitin,
Can we have 2 association in same gated community. I am stay in appartment, which builder sold as phase 1 and phase 2( 2sepearate building). Now phase association formed year before is forcing phase2 to be under same association.
Is that possible to have 2 association and share d maintaince for common amenties together
Regards,

Nitin Bhatia
Nitin Bhatia
9 years ago

You cannot have 2 associations within a same project. Phase 2 has to be part of existing association.

lucky singh
lucky singh
9 years ago
Reply to  Nitin Bhatia

Same project – its 2 project names XXX Phase 1 and XXX Phase 2 under same compound and common amenities are shared. Still we can not have 2 association. Please guide

Nitin Bhatia
Nitin Bhatia
9 years ago
Reply to  lucky singh

Not feasible. Only solution is to bifurcate the survey number.

resident
resident
9 years ago

Dear friend , RWA is registered with Registrar of societies delhi vide S-20689 but it is not submitting annual accounts and other details to registrar .President RWA flat 20 C Pocket A 10 kalkaji extn delhi 19 is indulged in various illegal activities and missappropriation of RWA FUNDS.Complaints were lodged with police and registrar but till date no action is taken against RWA PRESIDENT. PLEASE TELL WHAT ARE REMIDIES AVALIABLE.

Nitin Bhatia
Nitin Bhatia
9 years ago
Reply to  resident

Best way is to approach Sub Registrar and request for dissolution of the Association. Also you need signature of at least 10% of owners in your petition.

Prateek Karanwal
Prateek Karanwal
9 years ago

Dear Nitin Ji,
Greetings! We have an RWA mamangement committe in our complex in Dehradun for the past 3 years, unfortunately they have not produced any accounts or held any AGM till date. Besides this most of the management commitee memebers do not stay here except the President and the Treasurer. The entire commitee has been nominated by the builder and thru an election process where majority of the flat owners did not participate due to the highandedness of the builder. The IMFS was supposedly transfered but they are yet to produce any accounts thereof.
The President is also non existant in the sense that he has only called 3 or 4 meetings of the flat owners and does not interact much with the Flat owners.
Besides this they kkep raising demands unduly for on one pretext or the other. When residents refuse to pay… they threaten to cut off their common services including electrcity and water.

Now we want to overthrow this management and hold fresh elections.
Kindly advise

Nitin Bhatia
Nitin Bhatia
9 years ago

You have not mentioned whether your society is co-operative housing society or not. Secondly, it is registered with Govt or Sub Registrar office.

lucky singh
lucky singh
9 years ago

Hi Nitin,

I am regular follower of your articles and found them very use full.

I have flat in Bangalore, where amenities like STP/Swimming pool/kids play area is common between 2 block (Phas1 & 2). is that possible to have separate association for phase 2(constructed after 2 year) as most of owner are not interested to part of phase 1 association.

as per association, we can not have 2 association in same socity or compound.

Nitin Bhatia
Nitin Bhatia
9 years ago
Reply to  lucky singh

No. It is not feasible.

amit m
amit m
8 years ago

Very true Nitin. RWA of Krishna Apra Residency (Block: E-8, Sector-61, NOIDA) is taking a number of illegal decisions and exhorting money from residents. Most residents are busy in their work / offices and find little time to intervene. Given this scenario, RWA has started making structural changes in the society (in public / common space) such as a new gate for the society, changes in individual buildings etc. None of these are based on consent of the residents but through nexus of management of RWA. They are using these projects to exhort more money from residents as well as siphon off money through civil and maintenance work. Unfortunately most residents are silent and paying instead of acting against these corrupt practices, which only motivates the RWA management to be bolder their corrupt work.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  amit m

It is quite unfortunate. The best way to stop this is to find out & highlight any financial irregularities you observed.

ideasingh
ideasingh
8 years ago

Very disappointed to read this article :( the author has generalized the RWAs & their functioning. In fact this article will create mistrust in their respective communities. Not all RWAs are corrupt & every person is a crook ! The MC of our building here in Bangalore slogs out to ensure proper management. Monthly meetings are called to take inputs from Residents. all major decisions are taken in GBMs even if we need to call them 3 times in a year. Accounts are audited as per laws. Bylaws are followed to the T. Accounts are open for anyone to see. Please help people to do things properly rather than creating a negative impact on the society. Sorry but your article is not Complete without giving all sides of the story.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  ideasingh

Thanks for sharing your experience. The exceptions are always there. I would love to buy flat in your apartment :).

Blr
Blr
8 years ago

Can’t agree more, Nitin. Another source is brokerage in selling/renting out apartments. Many of these guys make easy money from this, usually residents lack proof to throw them out as well. And even if there are questions, they know how to turn it around and make it sound as a sacrifice of their personal time and energy. If there are a few sincere guys also, others do not let them survive. It is a sad state of affairs, corruption rules. Another important thing is that most residents/owners (especially straight-forward ones) are not aware of this aspect at all. Until they get a first-hand experience. Some of those who might be aware, either do not have time or energy, or ignore a few hundreds going out of their pockets per month. Imagine a 500 flat society run by 10 office bearers out of which 5 live on these kickbacks. A few hundreds from each house per month will be enough for them to make a decent living!!!

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Blr

Bang on :). I agree 5 out of 10 are earning their living from kickbacks.

Sunil
Sunil
8 years ago

We have an Owners Association in our villa community. Our community has 60% of Tenants for which the owners are living away. All community activities, volunteering, activity planning, execution are mostly done by the people, who are tenants. However Owners association do not want to include the tenants in the AGM or to participate in election or to vote. I find that its an injustice to the Tenants and to my opinion giving the tenants a fair chance to participate in the AGM, elections etc., will further enhance the community and social activities. But the Owners association and many of its members will not agree or approve this in any form. So Can we have a separate RWA registered?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Sunil

As per bylaws, only registered owners can participate in AGM or GBM & vote…Tenants cannot form RWA.

Tilak
Tilak
8 years ago

Need an auditor for our newly formed resident welfare association bangalore at Whitefield area. Please contact me at TC.bong01@gmail.com with your name and number. Reference to a known neighborhood welfare association will be preferred. This is an immediate requirement.

dinesh
dinesh
7 years ago

Hello Sir,

We are yet to form our owners association. I would like to know what is the best (transparent) way to proceed while framing our by laws or Can you suggest any other alternative ways to form association.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  dinesh

You can checkout the bylaws of nearby apartments. In some states, either state govt or registrar share the copy of modal bylaws. You may check the same.

Devender Rawal
Devender Rawal
7 years ago

Dear Nitin,
Ours is a colony which comprises of plots and individual floors [three flats on a plot] and the colony has been developed by a builder in 210 acre area. After the builder increased the maintenance charge [which included mandatory and non-mandatory charges] from Rs.2.50/- to Rs.3.50/- the RWA with the support from residents protested the move on the ground that the charges were high and the amount charged [per sq yard] from independent floors and plots was the same whereas the same should be divided into three. After one and half years of fight with the builder the RWA on the written orders of the DTP took over the non-mandatory services [security, horticulture and road sweeping] w.e.f 1st Jan 2016. The first bill raised by the RWA was for Rs.3.50/- per sy yard and the builder raised the bill for Rs.1.65/- for mandatory service. the combined cost [Rs.5.15/-] was more than what the builder for both the services had raised in the last bill [Rs.3.50/-]. The residents raised their protest to the RWA that the bill was more and that the charges were still the same for plots and floors but it fell on deaf ears. Some of the residents [40 %] have not paid the non-mandatory charges to the RWA and have been seeking replies and justification but to no avail. Now the RWA has stopped the entry of maids, courier persons etc and has closed one of the gates so that the residents are forced to pay. Attempts were made to talk to the RWA and get it to listen to the grievances and stop its illegal activity of restricting movement but of no use.
Please advise as to
How to tackle the RWA and make it listen to the issues raised by the residents.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Devender Rawal

In my opinion, only solution is to approach court.

harendra
harendra
7 years ago

dear sir
im govt employee. can i be the president of newly formed residents welfare association private

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  harendra

Yes

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