MAA BHABHATARINI APARTMENT

34, Deshbandhu Road (W), Alambazar, Kolkata-700035

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Resident Welfare Association (RWA) Bylaw

Effective from 01st April, 2024

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34, Deshbandhu Road (W), Alambazar, Kolkata-700035
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Table of Content

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1. Formation of Resident Welfare Association (RWA) Committee and Matters

Incidental Thereto:

1A. Committee Members and Their Roles & Responsibilities:

Introduction:
The formation of an apartment committee plays a pivotal role in fostering a harmonious and well-
managed residential community. Comprising elected representatives from among the residents, the
committee serves as a vital conduit for communication, decision-making, and governance within the
apartment complex. Each member of the committee assumes specific roles and responsibilities,
ensuring the smooth functioning and effective management of shared resources and common areas.
In this regard, a balanced composition of committee members, including the chairperson, secretary,
treasurer, and additional members, is essential to address the diverse needs and interests of the
resident population while upholding principles of transparency, accountability, and inclusivity.

Role and Responsibilities:

Chairperson:

• Preside over committee meetings and ensure they are conducted efficiently and effectively.
• Represent the committee in external communications and negotiations.
• Provide leadership and guidance to other committee members.
• Set the agenda for meetings in consultation with other committee members.
• Ensure that decisions taken by the committee are implemented in a timely manner.
• Act as a spokesperson for the committee, addressing residents' concerns and issues.

Secretary:

• Maintain accurate records of all committee meetings, including minutes, resolutions, and
action items.
• Handle correspondence on behalf of the committee, including emails, letters, and notices.
• Maintain a register of residents, committee members, and their contact details.
• Coordinate communication between the committee and residents, ensuring timely
dissemination of information.
• Assist the chairperson in preparing agendas for meetings and distributing meeting materials.
• Keep track of important dates, deadlines, and legal requirements pertaining to the apartment
complex.

Treasurer:

• Manage the finances of the committee, including budgeting, accounting, and financial
reporting.
• Maintain accurate records of income and expenses, including receipts and invoices.
• Prepare financial reports for presentation to the committee and residents.

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• Collect maintenance fees and other dues from residents, and ensure timely deposit into the
committee's bank account.
• Monitor expenses to ensure they are within budget and in line with the committee's priorities.
• Provide financial advice and recommendations to the committee on matters such as
investments, savings, and cost-cutting measures.

Members:

• Attend committee meetings regularly and actively participate in discussions and decision-
making processes.
• Contribute expertise, skills, and insights to help address issues and improve the functioning of
the apartment complex.
• Represent the interests of residents and act as a liaison between the committee and the
community.
• Take up additional responsibilities or lead specific initiatives as assigned by the committee.
• Serve as advocates for the welfare and improvement of the apartment complex, promoting
harmony, safety, and well-being among residents.
• Stay informed about relevant laws, regulations, and policies affecting the apartment complex,
and ensure compliance.
• This comprehensive structure ensures that the apartment committee is equipped with the
necessary leadership and support to effectively manage the affairs of the residential
community.

1B. Qualification and Appointment:

Rules for Qualification of Committee Members:

• Residency Requirement: Candidates must be residents of the apartment complex and hold a
valid occupancy status as per the rules and regulations of the complex.

• Voting Eligibility: Only individuals who are eligible to vote in the apartment complex elections
or as selected by the existing committee members in majority are qualified to contest for the
position of committee member.

• Clear Standing: Candidates must not have any outstanding dues for more than 6 months or
violations against the apartment complex's rules and regulations at the time of nomination.

• Conflict of Interest: Notwithstanding anything contained in this bylaws, to ensure fair

representation and avoid concentration of influence within a committee, it is stipulated that
members from the same family cannot concurrently stand as candidates for more than one
position on the committee. Additionally, candidates must disclose any potential conflicts of
interest, such as business relationships or familial ties with other committee members or
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service providers to the apartment complex or candidates must not have a history of past
violence of any kind.

• Capacity for Service: Candidates should demonstrate a commitment to fulfilling the

responsibilities of a committee member in the eyes of existing committee members.

• Compliance with Laws: Candidates must comply with all relevant rules, laws, regulations, and
policies governing the formation and functioning of apartment committees.

Appointment of Committee Members: Process and Procedure

1. Nomination Period: The apartment complex management announces a nomination period

during which eligible residents can submit their candidacy for committee membership. This
period typically includes the submission of nomination forms and any required
documentation.

2. Nomination by Existing Committee: In the event that no nominations are received during the
designated nomination period, the existing committee may nominate candidates to fill the
vacant positions.

3. Vetting of Candidates: The existing apartment committee reviews the nominations to ensure
that candidates meet the qualifications outlined in the rules. Any discrepancies or concerns
regarding a candidate's eligibility are addressed during this stage.

4. Publication of Candidate List: A final list of eligible candidates is published and made available
to all residents of the apartment complex. This list includes the names and brief profiles of
each candidate, along with any relevant information regarding their qualifications and
platforms.

5. Voting Process: A designated voting period is announced, during which members cast their
votes for their preferred candidates. The voting process may be conducted through electronic
means, paper ballots, or other methods as determined by the existing apartment committee.

6. Vote Counting and Declaration of Results: Once the voting period concludes, the votes are
counted by the existing apartment committee. The results are then recorded in the meeting
minutes, which are made available for public viewing on the noticeboard, electronic
communication platforms, or during a general meeting of residents.

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7. Appointment of Committee Members: The candidates who receive the highest number of
votes or the nominees appointed by the existing committee, as applicable, and meet all
eligibility criteria are appointed as committee members. They are officially notified of their
appointment and commence their term of office as per the rules and regulations of the
apartment complex.

8. Ongoing Transparency: The decisions regarding the appointment of committee members,

including voting results, are documented in the meeting minutes. These minutes are made
accessible to all residents through the noticeboard, ensuring transparency and accountability
in the election process.

1C. Transfer of Responsibilities:

Following the appointment of committee members, there shall be a comprehensive transfer and
handover process facilitated by the outgoing committee members to the newly appointed individuals
within a period of not less than 1 month. This process includes the transfer of important documents
such as meeting minutes, financial records, legal agreements, and any other relevant paperwork
pertaining to the affairs of the apartment complex. Additionally, the outgoing committee members
shall provide a detailed account of the financial status, outstanding dues, including any cash on hand
or in bank accounts, and ensure the transfer of any office equipment, stationery, or other assets
necessary for the functioning of the committee. Alongside the transfer of tangible assets, there shall
be a thorough discussion and clarification of ongoing responsibilities and pending tasks to ensure
continuity in the management and operations of the apartment complex. This transfer and handover
process shall be conducted in a transparent and collaborative manner, with the aim of facilitating a
seamless transition and empowering the new committee members to effectively fulfill their roles and
responsibilities.

Furthermore, the transfer of responsibilities shall be formalized through the issuance of a handover
letter, duly signed by the existing committee members and the newly elected committee members.
The handover letter will serve as a guiding document for the newly appointed committee members,
providing them with a clear understanding of their individual responsibilities and expectations. By
adhering to this formalized transfer process, the committee aims to foster transparency, continuity,
and effective governance in the management of the apartment complex.

1D. Restriction on Liabilities and Responsibilities:

Notwithstanding anything contained in this bylaw, the newly formed Resident Welfare Association
(RWA) committee and its members cannot be held liable or responsible for events or actions that
occurred or were taken before the date of handover by the former committee(s). Their accountability
begins strictly from the handover date, ensuring a clear demarcation of responsibilities between
successive committees. Any issues, decisions, or actions taken prior to this handover fall under the
jurisdiction of the previous committee(s), and the new committee cannot be held accountable for
them. However, the new committee, at its discretion, may choose to address and resolve matters

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existing prior to the date of handover. This distinction ensures that the new committee can focus on
its current and future duties without the burden of past unresolved matters, fostering a fair and
effective governance structure within the community.

1E. Rotation and Tenure of Committee:

The newly elected committee members shall serve a tenure of one year, commencing from the date
of their appointment i.e. starting from 01st April to 31st March of each year. To ensure continuity and
encourage broader participation, a rotation system shall be implemented for committee positions. At
the end of each tenure, elections shall be held to select new committee members, allowing for fresh
perspectives and ideas to contribute to the effective governance of the apartment complex. This
rotation system aims to promote transparency, accountability, and democratic principles in the
management of the community, while also providing opportunities for diverse residents to actively
engage in the decision-making process

1F. Power to Appoint Additional or Alternate Member:

The committee holds the authority to appoint additional or alternate members in the event of the
prolonged unavailability of any existing member for a period exceeding one month. Should a member
anticipate such an extended absence, it is incumbent upon them to inform the remaining committee
members in advance, allowing for appropriate arrangements to be made. In such circumstances, the
committee may exercise its discretion to appoint additional members to ensure continuity and
effectiveness in decision-making and governance processes. These additional or alternate members
may serve temporarily, stepping into the role of the absent member until their return. This proactive
approach to succession planning and member availability ensures that the committee can continue to
function efficiently, even in the face of unforeseen absences or disruptions. By maintaining a flexible
and responsive approach to member appointments, the committee upholds its commitment to
effective leadership and stewardship of the apartment complex community.

1G. Dissolution of RWA Committee:

1. Initiation of Dissolution Process: The dissolution of the RWA (Resident Welfare Association)
committee may be initiated through a formal motion presented during a committee meeting or
by a written request signed by a majority of committee members.

2. Reasons for Dissolution: The dissolution of the RWA committee may be pursued in the event of
significant internal conflicts or disputes among committee members that hinder the effective
functioning of the association.

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Other reasons for dissolution may include gross misconduct, unethical behavior, failure to fulfill
the responsibilities and obligations of committee members as outlined in the association's bylaws
or applicable laws, or resignation by president of RWA committee.

3. Notice to Members: Once the decision to dissolve the committee is made, a formal notice shall
be issued to all members of the association, informing them of the impending dissolution and the
reasons behind it.

4. Extraordinary General Meeting: A general body meeting of the association shall be convened to
discuss and vote on the proposed dissolution of the committee. Adequate notice of the meeting,
along with the agenda and relevant documentation, shall be provided to all members in
accordance with the association's bylaws.

5. Decision-Making Process: The dissolution of the committee shall be subject to approval by a

majority vote of the members present at the general body meeting. Proxy voting may be
permitted.

6. Appointment of Liquidator: Upon approval of the dissolution by the general body, treasurer shall
be appointed as a liquidator along with two independent members nominated by majority
members present and voting to oversee the winding-up process of the committee's affairs.

7. Settlement of Debts and Liabilities: The liquidator shall be responsible for settling any
outstanding debts, liabilities, or financial obligations of the association. This may include the
collection of dues from members, payment of outstanding bills, etc.

8. Finalization of Accounts: The liquidator shall prepare a final statement of accounts detailing the
financial transactions and affairs of the association during the dissolution process. This statement
shall be presented to the members for approval at a subsequent general body meeting.

9. Closure and Disbandment: Once all debts are settled, and final accounts are approved, the RWA
committee shall be formally dissolved, and the committee shall be disbanded. Any remaining
funds or assets shall be distributed as per the decision of the general body, in accordance with
the association's bylaws and applicable laws.

1H. Resignation & Removal:

Rules and Regulations for Resignation of Committee Members:

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1. Resignation Procedure: Committee members wishing to resign from their position shall submit a
written resignation letter to the committee chairperson or secretary. The resignation letter should
include the effective date of resignation and reasons for resigning, if desired.

2. Acceptance of Resignation: The committee shall review the resignation letter and formally accept
the resignation during a committee meeting. The resignation shall be effective as per the date
specified in the resignation letter or as agreed upon by the committee.

3. Notification to Members: Upon acceptance of the resignation, the committee shall notify all
members of the association about the vacancy created by the resignation of the committee
member. This notification may be made through email, notice boards, or other communication
channels as deemed appropriate.

4. Interim Arrangements: In the event that a committee member resigns before the completion of
their term, the committee may appoint an interim replacement to fulfill the duties of the vacant
position until the next scheduled election or until a permanent replacement is appointed.

Rules and Regulations for Removal of Committee Members:

1. Removal Procedure: A committee member may be removed from their position for reasons such
as gross misconduct, violation of the association's bylaws, failure to fulfill responsibilities, or any
other justifiable cause.
A motion for the removal of a committee member may be initiated by a written request signed by
a majority of committee members or through a formal motion presented during a committee
meeting.

2. Review Process: The committee shall conduct a fair and impartial review of the circumstances
leading to the proposed removal of the committee member. The member in question shall be given
an opportunity to present their case and provide any relevant explanations or defenses.

3. Decision-Making Process: The decision to remove a committee member shall be made by a

majority vote of the remaining committee members present at a committee meeting. The member
in question shall not participate in the vote.

4. Notification to Members: Upon the removal of a committee member, the committee shall notify
all members of the association about the decision to remove the member from their position. This
notification shall include the reasons for removal, if deemed appropriate.

5. Filling Vacant Positions: Following the resignation or removal of a committee member, the
committee shall take necessary steps to fill the vacant position through appointment or election as
per the association's bylaws and procedures.

2. Management and Administration

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2A. Meeting of RWA Committee:

1. Regular Meetings: The RWA committee shall hold regular meetings at intervals determined by
the committee, with a minimum frequency of quarterly. The schedule of regular meetings shall
be communicated to all committee members in advance.

2. Notice of Meetings: Notice of each meeting, including the date, time, location, and agenda, shall
be provided to all committee members in writing or through electronic means at least 7 days prior
to the meeting.

3. Quorum Requirement: A quorum, consisting of 50% + 1 of the total committee members shall be
required to conduct official business during meetings. Any fraction to such 50%+1 shall be
rounded off as 1. If a quorum is not met, the meeting may proceed as an informal discussion
without the ability to make binding decisions.

4. Agenda Setting: The chairperson, in consultation with the secretary and other committee
members, shall prepare the agenda for each meeting. Committee members may submit agenda
items for consideration in advance of the meeting.

5. Meeting Conduct: Meetings shall be conducted in an orderly manner, with the chairperson
facilitating discussions and ensuring adherence to the agenda. All committee members shall have
the opportunity to participate in discussions and voice their opinions on agenda items.

6. Decision-Making Process: Decisions shall be made by consensus whenever possible. In the event
of a vote, a simple majority of the members present and voting shall be required to pass a motion,
unless otherwise specified in the association's bylaws.

7. Minutes Keeping: Accurate minutes shall be kept for each meeting, documenting decisions made,
action items assigned, and any other significant discussions or resolutions. Draft minutes shall be
circulated to committee members for review and approval within a reasonable timeframe
following the meeting.

8. Special Meetings: Special meetings may be convened by the chairperson or upon written request
by a specified number or percentage of committee members. Notice and agenda for special
meetings shall be provided in accordance with the procedures outlined for regular meetings.

2B. Powers of RWA Committee:

1. Financial Matters: The RWA committee shall have the power to approve budgets, any expenditure
of a maximum of Rs. 20,000/-, and aggregate expenditures of Rs. 50,000/- in a financial year, as
well as other financial transactions within the approved budgetary limits of the association. The
RWA committee shall also have the power to approve the maintenance fees of a maximum of Rs.
500 per person, service contracts, repairs, and other financial obligations necessary for the
upkeep and management of the apartment.

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2. Rules & Policy Formulation: The committee shall have the authority to approve policies, rules,
and regulations governing the use of common areas, facilities, and amenities within the
apartment complex that are in the best interest of the apartment and individual residents. This
may also include policies related to parking, waste management, security, and other aspects of
community living. However, the committee shall not have the authority to approve policies, rules,
and regulations that may be unfavorable to any individual residents in any case.

3. Appointment of Service Providers: The committee shall have the power to appoint service
providers, contractors, or vendors for various services required by the association, such as
security, maintenance, landscaping, and cleaning. This includes the negotiation of contracts,
terms of service, and performance evaluations of service providers.

4. Dispute Resolution: The committee shall have the authority to mediate and resolve disputes
among residents or between residents and the association regarding matters related to
community living, property maintenance, or adherence to association rules and regulations.

5. Enforcement of Bylaws: The committee shall have the power to enforce imposition of fines,
penalties, or other disciplinary actions against members found to be in violation of the bylaws or
rules of the association.

6. Capital Improvement Projects: The committee shall have the authority to approve capital
improvement projects of maximum of Rs. 25,000/- in a financial year aimed at enhancing the
infrastructure, amenities, or aesthetic appeal of the apartment complex. This may include
renovations, upgrades, or additions to common areas, facilities, or landscaping.

7. Emergency Measures: In the event of emergencies or unforeseen circumstances affecting the

safety or well-being of residents, the committee shall have the power to implement emergency
measures, such as evacuation procedures, temporary repairs, or other actions beyond the above-
mentioned monetary limits necessary to mitigate risks and ensure the welfare of residents.

8. Membership Matters: The committee shall have the authority to approve new memberships,
review membership applications, and establish criteria for membership eligibility.

9. Communication and Public Relations: The committee shall have the power to authorize
communications, publicity, and public relations activities on behalf of the association, including
the dissemination of information to residents, stakeholders, and the broader community.

10. Other Powers: The committee may have other powers as specified in the association's bylaws or
as granted by applicable laws and regulations. These powers shall be exercised in the best
interests of the association and its members, with transparency, accountability, and fairness
guiding decision-making processes.

2B. RWA General Meeting:

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1. Frequency of Meetings: The RWA committee shall convene half-yearly meetings for all flat
owners, with meetings typically held twice a year, in accordance with the association's bylaws or
as deemed necessary by the committee to address important matters affecting the community.

2. Notice of Meeting: The RWA committee shall issue a written notice along with agenda to all flat
owners, announcing the date, time, and venue of the half-yearly meeting. The notice shall be sent
or placed in the notice or bulleting board at ground floor in front of elevator well in advance,
typically at least 7 days prior to the scheduled meeting date.

3. Agenda Preparation: The RWA committee shall prepare an agenda for the half-yearly meeting,
including topics such as financial updates, maintenance issues, community initiatives, and any
other matters of importance to the residents. Flat owners may also submit agenda items for
consideration in advance of the meeting.

4. Meeting Arrangements: The venue for the meeting shall be a suitable location within the
apartment complex, such as a rooftop, capable of accommodating all flat owners. Arrangements
for seating, audio-visual equipment, and refreshments, if applicable, shall be made in advance.

5. Meeting Facilitation: The meeting shall be facilitated by the chairperson of the RWA committee
or another designated committee member. The facilitator shall ensure orderly conduct,
adherence to the agenda, and respectful participation by all attendees.

6. Quorum Requirement: A quorum, consisting of 75%+1 flat owners, of the total number of flat
owners shall be required to conduct official business during the meeting. Any fraction to such
75%+1 shall be rounded of as 1. If a quorum is not met, the meeting may proceed as an informal
discussion without the ability to make binding decisions.

7. Financial and Other Matters: The treasurer or designated committee member at the end of the
financial year shall present financial updates, including revenue and expenditure reports,
budgetary allocations, and any other financial matters relevant to the association. However,
outstanding dues of maintenance fees will be communicated at each half-yearly meeting. Flat
owners may seek clarification or raise questions regarding financial matters during this segment.

The meeting shall have the power to approve any expenditure as well as other financial
transaction for the best interest of the apartment. The meeting shall also have the power to
approve the maintenance fees, service contracts, repairs, and other financial obligations
necessary for the upkeep and management of the apartment complex.

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The meeting shall have the authority to approve policies, rules, and regulations governing the use
of common areas, facilities, and amenities within the apartment complex that are in the best
interest of the apartment and individual residents.

8. Maintenance and Infrastructure Issues: Updates on maintenance activities, repairs, and

infrastructure projects shall be provided by the relevant committee members or representatives.
Flat owners may raise concerns or suggestions related to maintenance issues affecting the
apartment complex.

9. Community Initiatives and Events: The committee shall highlight ongoing and upcoming
community initiatives, events, or programs aimed at fostering a sense of community and
enhancing the quality of life for residents. Flat owners may offer feedback or express interest in
participating in community activities.

10. Open Forum for Discussion: A designated portion of the meeting shall be allocated for open
discussion, allowing flat owners to raise any additional concerns, suggestions, or queries not
covered in the agenda. The committee shall address these issues to the best of their ability or
follow up with further investigation as needed.

11. Resolution of Matters: Where feasible, resolutions or decisions on matters raised during the
meeting shall be made, either through consensus or by formal vote, in accordance with the
association's bylaws and decision-making procedures.

12. Meeting Conclusion: The meeting shall be formally concluded by the facilitator, summarizing key
points discussed, actions agreed upon, and any follow-up steps required. Flat owners shall be
thanked for their participation, and any relevant documents or materials distributed for reference.

13. Minutes Keeping: Accurate minutes shall be kept for each meeting, documenting decisions made,
action items assigned, and any other significant discussions or resolutions. Final copy of minutes
along with copy of annual financial statements shall be circulated to members within a reasonable
timeframe following the meeting or shall be placed on the notice or bulletin board.

2C. Extraordinary General Meeting:

For conducting an Extraordinary General Meeting (EGM) of all flat owners of the apartment, the RWA
committee shall call a meeting when there are urgent matters requiring immediate approval, such as
amendments to the bylaws, major decisions, or emergency situations that cannot wait until the next
regular meeting. A written notice shall be issued to all apartment owners, announcing the date, time,
and venue of the EGM, along with the specific purpose or agenda of the meeting. The notice shall be
sent or placed on the notice board at the ground floor in front of elevator well in advance, typically at
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least 1-3 days prior to the scheduled meeting date. The meeting shall be held at a suitable location
within the apartment complex. A quorum, consisting of 75% + 1 of the total number of apartment
owners, shall be required to conduct official business during the EGM. Any fraction to such 75% + 1
shall be rounded of as 1. If a quorum is not met, the meeting may be adjourned and rescheduled for a
later date. During the meeting, each agenda item shall be presented and discussed thoroughly, with
apartment owners given the opportunity to ask questions, express opinions, and vote on matters
requiring owner approval. Decisions made during the EGM shall be recorded in the meeting minutes
by the secretary or another designated member of the management, accurately reflecting the
proceedings and outcomes of the meeting. These minutes shall be made available for review by all
apartment owners, ensuring transparency and accountability in the decision-making process.

2D. Mode of Communication of Notices, Agendas, Minutes and Other Documents:

Notwithstanding anything contained in this bylaws, the mode of communication for distributing
notices, agendas, minutes, financial statements, and other relevant documents of the RWA (Resident
Welfare Association) meetings shall primarily by physical or electronic means. Alternatively, notices,
agendas, minutes and other relevant documents may be posted on the official notice boards within
the apartment complex. This approach to communication ensures cost efficiency, efficient
dissemination of information, promotes transparency in governance, and facilitates active
participation and engagement from all members of the RWA.

3. Mandatory Rules and Regulations for All Flat Owners

In order to foster a harmonious living environment and ensure the smooth functioning of our
apartment complex, it is imperative for all flat owners to adhere to a set of mandatory rules and
regulations. These guidelines are designed to promote safety, security, and well-being within the
community, as well as to maintain the aesthetic appeal and value of our property. By collectively
abiding by these regulations, we contribute to the enhancement of our shared living space and
cultivate a sense of mutual respect and responsibility among all residents.

Below are some mandatory rules and regulations for flat owners to adhere to for proper maintenance
of apartments:

1. Regular Cleaning: All flat owners must ensure regular cleaning of their respective units to maintain
cleanliness and hygiene standards.

2. Waste Management: Proper disposal of waste is crucial. Flat owners shall properly dispose of their
personal waste outside the apartment.

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3. Common Area Usage: Respectful and responsible usage of common areas such as corridors,
elevators, parking places, and recreational facilities is mandatory.

4. Noise Control: Noise levels must be kept at a reasonable level to ensure a peaceful environment
for all residents. Quiet hours should be observed, especially during late evenings and early mornings.
Quiet hours are between 11:00 PM to 6:00 AM.

5. Maintenance of Personal Property: Flat owners are responsible for the maintenance and repair of
their personal property within the apartment, including appliances, fixtures, and furniture.

6. Compliance with Building Codes: Any civil modifications or renovations within the flat must comply
with building codes and regulations. Prior approval from the RWA committee is required for any civil
modifications or renovations.

7. Payment of Dues and Fees: Timely payment of maintenance fees, utility bills, and any other dues is
mandatory to ensure the smooth functioning of common services and amenities.

8. Security Measures: Adherence to security protocols such as keeping doors and windows locked
between 11:00 PM to 5:00 AM, not sharing access keys with unauthorized individuals, and reporting
any suspicious activities to the management is mandatory.

9. Respect for Neighbors: Maintaining a harmonious relationship with neighbors by being considerate
of their privacy, property, and lifestyle choices.

10. Pest Control: Regular pest control measures shall be undertaken by RWA committee to prevent
infestations and maintain a hygienic environment.

11. Prohibited Items: Storage or use of hazardous materials, inflammable substances, or illegal items
within the apartment premises is prohibited. Storage of any personal junk material for more than 3
days in a common space is also prohibited to avoid clutter.

12. Exterior Maintenance: RWA committee will take responsibility for the upkeep of rooftop, windows,
and other exterior features of the flat, including painting and repairs. However, it does not relive all
other flat owners from their responsibilities of maintaining clean environment.

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13. Events or Functions Policies: Inform the RWA committee in writing about arranging event or
function in the flat along with fees of Rs. 1000/-.

14. Pets Regulations: The apartment maintains a pet policy to ensure the harmonious coexistence of
residents and their pets within the community. All residents are required to register their pets with the
apartment management prior to bringing them onto the premises. This registration includes providing
details such as the pet's breed, age, and vaccination records. While pets are generally welcome, certain
size and breed restrictions may apply, and residents should consult with management regarding
specific guidelines. Pets must be kept on a leash when in common areas, and pet owners are
responsible for promptly cleaning up after their pets and properly disposing of waste. Noise
disturbances caused by pets, such as excessive barking or whining, should be minimized to avoid
inconveniencing other residents. Additionally, pets are not allowed in certain common areas, and
aggressive behavior towards other residents or pets is strictly prohibited. Pet owners are expected to
ensure that their pets are up-to-date on vaccinations and in good health, and may be required to
provide proof of vaccinations upon request. Depending on the apartment policy, residents may be
subject to pet deposits or monthly fees to cover potential damages or cleaning expenses associated
with pets. Non-compliance with the pet policy may result in fines, warnings, or eviction from the
premises.

15. Communication Channels: Apartment announcements, meetings, and updates shall be

communicated through notice board installed at the ground floor in front of elevator.

16. Shared Utilities: Conserve shared utilities such as water and electricity by minimizing wastage and
reporting any leaks or malfunctions promptly to apartment management.

17. Common Area Decorum: Maintain decorum in common areas by refraining from damaging,
cluttering, littering, vandalism, or disruptive behavior.

18. Exterior Decorations: Seek permission from the RWA committee before making any exterior
decorations or modifications to the facade of the building.

19. Responsible Water Usage: Use water responsibly and report any leakage or water wastage to the
to RWA committee for timely repairs.

20. Elevator Policy: Follow elevator etiquette by allowing priority access to elderly residents, persons
with disabilities, and individuals carrying heavy loads. Residents should avoid overcrowding the
elevators and be mindful of maintaining social distancing, especially during peak hours.

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Any misuse or tampering with the elevator equipment is strictly prohibited, and residents are
encouraged to report any malfunctions or issues to the RWA committee promptly. Additionally,
scheduled maintenance and inspection of the elevators will be conducted to ensure optimal
performance and safety standards are upheld.

The elevator access policy stipulates that access to the elevator is restricted solely to individuals in
possession of an authorized elevator key. Each flat owner will be provided with a designated elevator
key upon occupancy or upon request to the RWA committee. This measure ensures enhanced security
and control over elevator usage within the apartment complex. Residents are required to safeguard
their elevator keys and refrain from lending or transferring them to unauthorized persons. Any misuse
or unauthorized duplication of elevator keys is strictly prohibited and may result in disciplinary action.

The RWA committee will conduct periodic audits to verify compliance with the policy and address any
issues or concerns raised by residents regarding elevator access. This policy aims to promote safety,
security, and efficient use of the elevator system for the benefit of all residents.

21. Respect for Diversity: Respect cultural and religious diversity within the apartment community and
avoid actions or behaviors that may cause offense or discomfort to others.

22. Lighting: Ensure lighting is functional in common areas and report any outages promptly to the
RWA committee.

23. Property Damage Reporting: Report any damages to common property or facilities to the RWA
committee for timely repairs.

24. Renovation Guidelines: Adhere to renovation guidelines provided by the RWA committee to
ensure structural integrity and safety.

25. Energy Efficiency: RWA committee will take measures to improve energy efficiency within the flat,
such as using energy-saving appliances and LED lighting.

26. Renewable Energy Adoption: RWA committee will Explore options for renewable energy adoption,
such as solar panels, use of energy efficient devices etc., to reduce carbon footprint and energy costs.

27. Vandalism Prevention: Report any instances of vandalism or suspicious activity to the
management or authorities immediately.

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28. Financial Responsibility: Flat owners will be solely responsible for any damages caused by
negligence or misuse of common property or facilities.

29. Smoking Regulations: No smoking is allowed within the apartment premises.

30. Waterproofing: Ensure proper waterproofing of bathrooms and other areas prone to water leakage
to prevent structural damage.

4. Financial Matters:

4A. Maintenance Fees:

Assessment of Fees: The RWA committee shall assess flat maintenance fees based on factors such as
the size of the flat, amenities provided, and maintenance expenses incurred by the association, and
set the amount of maintenance fee within the limit of Rs. 500 per person per month.

Notification of Fees: Flat owners shall be notified of the maintenance fees, including the amount and
due date, through written communication, typically sent or posted on notice boards within the
apartment complex in the event of any changes in the amount of maintenance fees.

Timing of Deposit: Flat owners are required to deposit maintenance fees within the specified
timeframe, typically between 1st to 5th of the next-to-next month between 6PM to 9 PM. For example,
fees for January are due by the 5th of March. This timeframe allows for adequate processing and
ensures timely upkeep of the apartment complex. However, any flat owner can also deposit
maintenance fee in advance as per their convenience.

Mode of Deposit: Flat owners shall have only cash options for depositing maintenance fees until other
options are notified.

Acknowledgment of Payment: Upon receipt of maintenance fees, the RWA committee shall issue an
acknowledgment either electronically or physically to the flat owner, confirming the payment and
providing details such as the payment date and amount deposited.

Late Payment Penalties: Flat owners failing to deposit maintenance fees within the specified
timeframe may be subject to late payment penalties or fines of Rs. 200/- for the delayed month. These
penalties serve as incentives for timely payment and help cover administrative costs incurred due to
delayed payments.

Utilization of Fees: Maintenance fees collected from flat owners shall be utilized by the association to
cover various expenses, including but not limited to:

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Common area maintenance and repairs.

Utilities such as water, electricity, and sanitation services.
Security services and personnel.
Landscaping and gardening.
Insurance premiums for common areas and facilities.
Reserve funds for future maintenance and capital improvement projects.

4B. Limitations on Authorization of Payments/Expenditures by RWA Office Bearers:

Chairperson: The chairperson of the RWA shall have the authority to authorize payments or
expenditures up to a maximum limit of Rs. 15,000/- per transaction subject to other limits as
mentioned in the bylaws. Any payments or expenditures exceeding this limit shall require approval
from the RWA committee or the general body of members, as per the association's bylaws as the case
maybe.

Secretary: The secretary of the RWA shall be authorized to approve payments or expenditures up to a
maximum limit of Rs. 10,000/- per transaction subject to other limits as mentioned in the bylaws.
Expenditures exceeding this limit shall necessitate authorization from the chairperson or the RWA
committee, in accordance with established procedures.

Treasurer: The treasurer of the RWA shall have the authority to authorize payments or expenditures
up to a maximum limit of Rs. 5,000/- per transaction subject to other limits as mentioned in the bylaws.
Any payments or expenditures exceeding this limit shall require approval from the chairperson or the
RWA committee, as specified in the association's financial policies.

4C. Maintenance of Minimum Cash Balance:

The RWA committee shall prioritize the maintenance of a minimum cash balance of Rs. 20,000/- at all
times to ensure financial stability and operational continuity. This practice reflects prudent financial
management and safeguards against potential liquidity challenges or unexpected expenses.

The treasurer of the RWA shall be responsible for monitoring the association's cash reserves regularly
to ensure compliance with the established minimum balance requirement. This monitoring shall
involve tracking incoming revenues, outgoing expenditures, and any fluctuations in cash flow.

If the cash balance falls below the designated minimum threshold due to unforeseen expenses or
fluctuations in revenue, the treasurer shall take prompt action to replenish the funds. This may involve
reallocating resources, adjusting budgetary allocations, or implementing cost-saving measures where
feasible or calling for advance deposit of maintenance fees from each flat owner.

4D. Creation and Maintenance of Special Purpose Reserves:

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Purpose of Reserves: The creation and maintenance of reserves for apartment development are
essential to ensure the long-term financial health and sustainability of the apartment. These reserves
serve as a dedicated fund to finance capital projects, major repairs, and infrastructure enhancements
within the apartment complex.

Funding of reserve: The reserve fund for apartment development shall be funded by allocating 50%
of the closing cash balance at the end of each fiscal year subject to minimum cash balance requirement
of Rs. 20,000/-. This funding mechanism ensures a consistent and sustainable approach to building
reserves, leveraging a portion of the association's financial surplus to support future development
projects and infrastructure enhancements. The allocation of funds from the closing cash balance
provides a transparent and systematic method for contributing to the reserves while maintaining
adequate liquidity for ongoing operational needs and unforeseen contingencies. Regular review and
adjustment of this funding mechanism shall be conducted by the RWA committee to align with
evolving development priorities and financial objectives of the association.

Regular Contributions: Apartment owners shall make regular contributions to the reserve fund as part
of their maintenance fees or through separate assessments, as determined in the half-yearly general
meeting or extraordinary general meeting.

Benefits Allocation: It's important to clarify that only those who contribute to a special purpose fund,
which is created solely from individual contributions, will directly benefit from the initiatives or
projects funded by that fund. This ensures fairness and accountability in the allocation of resources,
as those who actively support specific endeavors are entitled to the resulting benefits. Flat owners
who choose not to contribute to the special purpose fund will not receive direct benefits from the
initiatives funded by it. However, they will continue to benefit from general maintenance, amenities,
and services provided by the association.

Purpose-Based Allocation: The reserves shall be allocated for specific purposes related to apartment
development, such as:

• Major renovations or refurbishments of common areas.

• Replacement or upgrade of essential infrastructure, such as elevators, plumbing, or electrical
systems.
• Repairs or maintenance of structural elements, including roofs, facades, or parking structures.
• Development of new amenities or facilities to enhance the quality of living within the
apartment complex.

Regular Review and Adjustment: The RWA committee shall conduct regular reviews of the reserve
fund's status, performance, and adequacy to assess whether adjustments are needed. This may involve
periodic updates to reserve allocation strategies, contribution rates, or reserve fund policies to align
with changing development needs and financial realities. In case of abandonment of the project the
accumulated amount in reserve fund will be refunded according to the amount contributed.
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Communication with Members: The RWA committee shall communicate transparently with
apartment owners regarding the creation, maintenance, and utilization of reserves for apartment
development. Regular updates on reserve fund status, project plans, and financial projections shall be
provided to foster understanding and support among members.

5. Accounting and Record Keeping:

5A. Books of Accounts to be Kept by RWA Committee:

Register of Members: The RWA maintains a register of members, which serves as a vital document
containing the details of all apartment owners within the association. This register includes
comprehensive information such as the names, addresses, contact numbers, email addresses, and
apartment unit numbers of each member. Additionally, it may record other relevant details such as
membership status, date of membership, and any special designations or roles held within the
committee. The register of members facilitates effective communication, enables the association to
keep members informed about important developments, and ensures accurate representation of
member interests in decision-making processes. Regular updates and maintenance of this register are
essential to reflect changes in membership status and to uphold the integrity and inclusivity of the
RWA community.

Cash Book: A cash book shall be maintained to track cash inflows and outflows, including receipts,
payments, and bank transfers. This book provides a detailed record of cash transactions and ensures
proper reconciliation with bank statements and other financial records.

Receipts Register: A receipts register shall be maintained to document all incoming funds, such as
maintenance fees, donations, and other sources of revenue. Each receipt shall be sequentially
numbered, with details of the payer, amount, purpose, and date of receipt recorded for reference and
audit trail purposes as supported by appropriate documents.

Payments Register: A payments register shall be maintained to record all outgoing payments, such as
vendor payments, utility bills, maintenance expenses, and other expenditures. Each payment shall be
duly authorized, supported by invoices or receipts, and categorized based on the nature of the
expense.

Statement of Outstanding Dues: he RWA committee shall maintain a statement of outstanding dues
to track unpaid maintenance fees, penalties, or other outstanding obligations by apartment owners.
This statement helps monitor overdue accounts, facilitates follow-up communication with delinquent
owners, and informs financial planning and budgeting decisions.

Annual Financial Statements: The RWA committee shall prepare annual financial statements, which
include accounting policy, statement of income & expenditure, balance sheet, Statement of Receipt
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and Payments, and notes and relevant suggestions to summarize the association's financial
performance and position for the fiscal year. These statements shall be prepared in accordance with
applicable accounting standards and regulatory requirements.

Compliance Records: The RWA committee shall maintain records of compliance with legal, regulatory,
and statutory requirements, encompassing all notices, agendas, approvals, minutes, and other
documentation necessary to demonstrate adherence to applicable laws and regulations. These records
serve as a comprehensive repository of the association's activities, decisions, and governance
processes, ensuring transparency, accountability, and compliance with legal obligations.

5B. Method of Preparation and Finalization of Books of Accounts of RWA:

Method of Accounting: The RWA adopts the cash basis method of accounting, wherein transactions
are recorded based on actual cash inflows and outflows during the financial year. This method provides
a simplified approach to financial reporting, focusing on cash movements rather than accruals or non-
cash transactions such as depreciation, accrued income, prepaid expenses etc.

Financial Year: The financial year of the RWA commences on April 1st and concludes on March 31st of
each year. This period serves as the basis for financial reporting, budgeting, and planning activities,
aligning with regulatory requirements and ensuring consistency in reporting cycles.

Recording of Transactions: The method of preparation begins with the accurate recording of all
financial transactions in the cash books, receipts registers, and payments registers, etc. Each
transaction is meticulously supported by appropriate documents such as bills and vouchers, dated,
serially numbered, authorized, categorized by to maintain integrity and accuracy in the accounting
records.

Regular Updates: The books of accounts are updated quarterly to reflect ongoing financial activities
within the RWA. This includes timely recording of revenues, expenditures, receipts, payments, assets
and liabilities to ensure that the financial position of the association is accurately reflected at all times.

Adjusting Entries: Adjusting entries, such as reclassifications, revaluation etc. wherever applicable are
made as necessary to ensure that the financial statements accurately reflect the financial position and
performance of the RWA. These adjustments are based on accounting principles and standards to
ensure compliance and accuracy.

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Preparation of Financial Statements: Once all transactions have been recorded and reconciled, the
RWA committee prepares financial statements at the end of the financial year, including the statement
of income and expenditure, balance sheet, and receipt and payment account and notes to accounts.
These statements provide a comprehensive overview of the association's financial performance,
position, and cash flow activities during the reporting period.

Review and Approval: The prepared financial statements are reviewed by the RWA committee for
accuracy, completeness, and compliance with accounting standards and regulations. Any discrepancies
or errors are identified and corrected before finalization.

External Audit: The books of accounts shall be subject to audit by independent member as appointed
in the half-yearly general meeting to provide assurance on the accuracy and fairness of the financial
statements. The auditors review the accounting records, financial transactions, and internal controls
to assess compliance with applicable laws and regulations.

Finalization and Presentation: Upon completion of the review process, the books of accounts are
finalized, and the financial statements are presented to the members of the RWA during general
meetings or as required by governing documents. Transparency in the presentation of financial
information ensures accountability and fosters trust among members.

5C. Re-opening of Accounts:

In certain circumstances, the RWA may need to reopen its accounts to rectify errors, address
discrepancies, or incorporate adjustments that were not initially recorded. The decision to reopen
accounts is typically made in general meeting or extraordinary meeting after thorough review and
consideration of the specific circumstances necessitating such action. Reopening of accounts involves
revisiting past financial transactions, reconciling accounts, and making necessary adjustments to
ensure the accuracy and completeness of financial records. This process may require input from
accounting professionals or external auditors to ensure compliance with accounting standards and
regulatory requirements. Transparent communication with members regarding the reasons for
reopening accounts and the steps taken to rectify any discrepancies is essential to maintain trust and
confidence in the association's financial management practices. Additionally, adherence to proper
accounting procedures and documentation throughout the re-opening process is crucial to safeguard
the integrity of the RWA's financial reporting and uphold accountability to its members.

5D. Right to Request and Receive Copies of the Financial Statements:

Members of the RWA have the right to request and receive copies of the association's financial
statements, including statements of income and expenditure, balance sheets, and receipt and
payment accounts. The RWA committee is responsible for promptly providing copies of financial
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statements upon request, ensuring accessibility and transparency in financial reporting. This
commitment to openness and accountability strengthens trust between the RWA committee and its
members, fostering a collaborative and informed approach to community governance and financial
stewardship.

6. Miscellaneous:

6A. Punishment for Fraud by RWA Committee Member:

Fraudulent behavior by any RWA committee member is a serious breach of trust and undermines the
integrity of the association. To address such misconduct and depending on the severity of the offense,
punishments may include disciplinary actions such as suspension or removal from the committee, legal
prosecution, and restitution of misappropriated funds or assets. Additionally, the RWA members may
impose fines, penalties, or other sanctions as deemed appropriate to deter future fraudulent behavior
and protect the interests of its members. Transparency, accountability, and adherence to ethical
standards are paramount in maintaining the trust and confidence of the RWA community, and the
association is committed to taking swift and decisive action to address instances of fraud and uphold
its principles of integrity and good governance.

6B. Action Against Property Damage by Flat Owners:

The RWA committee takes a firm stance against any actions by flat owners that result in physical
damage to the property and related assets, whether intentional or negligent. Such behavior not only
compromises the safety and well-being of residents but also undermines the collective efforts to
maintain the integrity and value of the apartment complex. Upon identification of property damage
caused by a flat owner, the RWA initiates prompt action to address the situation and hold the
responsible party accountable. This may involve conducting investigations, gathering evidence, and
documenting the extent of the damage. Depending on the severity of the damage and the
circumstances surrounding the incident, appropriate actions may be taken, including but not limited
to imposing fines, levying penalties, requiring restitution for repair costs, or pursuing legal recourse.
Additionally, the RWA may implement preventive measures, such as increasing security patrols or
installing surveillance cameras, to deter future incidents of property damage. By enforcing strict
policies and taking decisive action against offenders, the RWA aims to uphold the safety, security, and
aesthetic appeal of the property, fostering a harmonious living environment for all residents.

6C. Protection Against Action Taken in Good Faith:

The RWA committee members act in good faith to fulfill their responsibilities and duties towards the
association and its members. To safeguard their interests and encourage proactive decision-making,
the RWA has established provisions for the protection of actions taken in good faith by committee
members. These provisions shield committee members from personal liability or legal repercussions

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arising from actions undertaken in the discharge of their official duties, provided such actions are
carried out with honesty, integrity, and diligence. This protection extends to decisions made,
recommendations offered, or policies formulated by committee members within the scope of their
authority, even if such actions result in unforeseen consequences or disagreements among members.
By providing this safeguard, the RWA promotes a culture of accountability, transparency, and
constructive engagement, enabling committee members to act in the best interests of the association
without fear of undue reprisal or liability.

6C. Amendment to Bylaws:

Amending the bylaws of a Resident Welfare Association (RWA) typically involves a structured process
to ensure transparency, consensus, and adherence to legal requirements. Here's a generalized process:

1. Identifying the Need for Amendment: The process often starts with identifying areas of the bylaws
that need updating or modification. This could be in response to changes in legislation, community
needs, or operational requirements.

2. Proposal Submission: Members or the RWA committee submit proposals for amendments. These
proposals should be detailed, specifying the exact changes proposed and the rationale behind
them.

3. Review and Evaluation: The proposed amendments are reviewed by the RWA committee or a
designated subcommittee. They assess the proposed changes' feasibility, legality, and potential
impact on the community.

4. Drafting the Amendment: Based on the review, the committee drafts the actual language of the
proposed amendment. This draft is circulated among members for feedback and input.

5. Member Consultation: Members are given the opportunity to review the proposed amendment.
This may involve holding community meetings, distributing surveys, or using online platforms for
discussion.

6. Revision and Finalization: Feedback from members is considered, and revisions are made to the
proposed amendment as necessary. The final version is prepared for formal consideration.

7. Formal Approval: Notwithstanding anything contained in this bylaw, the proposed amendment is
presented for formal approval, typically during a half-yearly general meeting or EGM. A vote may
be held, and unanimous support of all members must be required for the amendment to pass.
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8. Documentation and Implementation: Once approved, the amendment is documented officially in

the bylaws. Any necessary administrative or operational changes resulting from the amendment
are implemented.

9. Communication: The amended bylaws is communicated to all members of the RWA. This may be
done through newsletters, emails, or posting the updated rules on the association's website.

10. Periodic Review: It's essential to periodically review the effectiveness of the amended rules and
make further revisions if necessary. This ensures that the bylaws remains relevant and responsive
to the community's evolving needs.

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