GURUGRAM: The registrar-general of societies in Haryana has ruled that resident welfare associations (RWAs) cannot suspend essential services like garbage collection or digital access systems as a means to recover unpaid maintenance fees. Additionally, it was emphasized that maintenance charges should be proportional to the size of residences, rather than uniformly applied to all properties.
The June 16 directive arose from a conflict involving residents and the N Block RWA of Mayfield Gardens, concluding a legal struggle that had persisted for almost nine months across various administrative channels.
On September 27 of the previous year, the RWA held a general body meeting and established a uniform quarterly maintenance fee of ₹5,000 for all properties—from 2BHK apartments to villas—along with punitive measures for defaulters. These penalties included halting garbage collection, disabling Park+ access tags, blocking MyGate notifications, withdrawing plumbing and electrical services, and imposing a significant daily late fee of 1% on unpaid dues.
A faction of residents contested this resolution shortly afterwards, labeling the decision arbitrary and unlawful. They argued that properties of varying sizes should not incur the same charges and that no residents’ body has the authority to deny essential civic services for debt recovery.
They also raised concerns about the conduct of the GBM, stating that they had not received proper notification. According to the Haryana Registration and Regulation of Societies (HRRS) Act, 2012, a 14-day notice is required prior to such meetings. Residents claimed that the notice was only distributed through a WhatsApp group just one day earlier, despite the larger membership.
The RWA defended its actions, asserting that the appellants participated in the meeting without objection. It also mentioned that both district and state registrars had previously reviewed and upheld the resolution. The RWA further claimed that some who challenged the decision were maintenance defaulters or had lost previous elections.
However, registrar-general Yash Garg adopted a different position.
After reviewing the pertinent records and provisions of the HRRS Act and Rules, Garg concluded that services related to sanitation, hygiene, and public health cannot be withheld merely through a society resolution. He stated that attempting to halt these services as a recovery tactic would be “arbitrary, unreasonable, against public policy,” and exceed the authority of an RWA.
Regarding maintenance fees, the registrar-general cited Rule 33 of HRRS Rules, 2012, which stipulates that charges should be based on the size of the dwelling.
“The uniform quarterly maintenance charge for all types of housing is arbitrary and contradicts Rule 33,” he noted.
The registrar-general overturned earlier decisions made by the district and state registrars and annulled the coercive measures outlined in the September 27 resolution.
“This order clarifies that coercive actions cannot be employed for fee recovery and essential services cannot be interrupted over maintenance payment defaults,” said appellant Sanjay Gupta.
Gupta noted the residents had to approach the Punjab and Haryana High Court twice for a timely resolution, adding, “We have found relief, but only after persistent intervention.”
The RWA, on the other hand, maintained that the registrar-general’s ruling doesn’t invalidate the entire GBM, but rather requires reconsideration of certain decisions. An official stated that the association was reviewing the order and may seek legal clarification, arguing that the ruling applied to apartment complexes, while Mayfield Gardens is a plotted community.
The RWA emphasized that the ₹5,000 quarterly maintenance fee—approximately ₹1,667 monthly—was approved by a majority of residents and is utilized for services like security, visitor management, housekeeping, horticulture, water supply operations, and maintenance of common areas.
“Many civic services are either not fully managed by MCG or are enhanced by the RWA to meet the standards residents expect,” remarked the official.
