Bengaluru: Communities seek strong legal framework for associations

BENGALURU: The fight over payment of monthly maintenance at an apartment complex has kickstarted a debate on what had been an issue pending for years in Bengaluru, which has embraced vertical urban growth and apartment culture in the past couple of decades.
Office-bearers from Bangalore Apartment Federation (BAF) and several resident welfare associations (RWAs) and apartment associations pointed out that these incidents have been repeatedly popping up in several apartment communities and the existing laws lack clarity on the management.
Arguing for a clear legal framework for the effective functioning of RWAs and better management of community residential services, BAF’s general secretary Vikram Rai told STOI that they have made multiple petitions to the state government in this regard. “We’ve been pushing for the strengthening of RWAs and providing a legal framework around them. These triggers resulting in bitter quarrels between RWAs and tenants have always been problematic. At the same time, not all RWAs are at fault as they are democratically elected bodies and require funds to provide better services to the inhabitants while ensuring livelihood to workers who are employed to provide services at apartments,” he said.
In fact, arguments and bitter confrontations like these have prevented many residents from taking up roles in the RWA administration. “Though there have been similar incidents in the past, it will take a violent turn only when ego pervades into it. Being violent or abusive does not solve the problem,” said a member of the BAF while referring to the Mahaveer Orchids incident.
According to BAF, most RWAs are registered under either the Societies Act or Karnataka Apartments Ownership Act. “Neither of these Acts provides us any legal immunity to take on any violations. Sometimes, tenants or residents raise objections and argue that RWAs have no legal sanctity regardless of their registration and refuse to pay up maintenance. These Acts don’t define the authority of an RWA. It is high time the government took note of this and brought in rules defining the roles and responsibilities of RWA, especially in an apartment complex, for smooth running of community services,” said office-bearer of an RWA from Mahadevapura.