No bachelors, no biryani, no dogs: What your RWA can legally ban, and what it can’t

NEW DELHI: Parking, maintenance charges, pets, tenants and the use of common areas are among the issues that can trigger disputes between resident welfare associations (RWAs) and residents. But many residents are unclear about how far an RWA can go in making and enforcing rules, particularly when those rules affect their homes, tenants or personal choices.RWAs deal with matters such as common areas, security, maintenance, parking, cleanliness and nuisance. But lawyers and RWA representatives say an association cannot simply create powers for itself through a committee decision or majority vote. Its rules must have a legal basis and cannot override the lawful rights of residents.So, where should the line be drawn between community rules and individual rights?What can an RWA actually regulate?Manmeet Kaur, partner at Karanjawala & Co, said RWAs generally deal with maintenance, common areas, security and the enforcement of valid bye-laws.