Dos and Don‘ts for Gated Communities in Accordance with Telangana High Court

 


Dos and Don's for RWAs

Gated communities are modern sanctuaries where diverse families come together to share not just walls but aspirations of harmonious living. However, the recent landmark observations of the Hon‘ble Telangana High Court have shed light on systemic lapses within the management of these microcosms of urban life. From the misuse of clubhouses to the lack of financial transparency and accountability, the Court has provided a clarion call for introspection and reform. In response to this judicial directive and as an earnest endeavour to uphold the sanctity of collective living, this proposal seeks to articulate a blueprint for managing gated communities with integrity, transparency, and inclusivity.

Key Observations of the Hon’ble High Court

1. Misuse of Shared Amenities: Clubhouses and common areas, conceived as hubs for fostering community spirit, are being, sometimes, misused for commercial and unauthorized activities that disrupt peace and order.

2. Deficiency in Financial Accountability: The absence of clear protocols for fund collection, management, and auditing has led to widespread mistrust among residents.

3. Weak Enforcement of Security Protocols: Lapses in security and inadequate vigilance have rendered these sanctuaries vulnerable to external interferences and anti-social behaviour. 

4. Lack of Community-Centric Governance: RWAs, instead of serving as custodians of collective well-being, have been plagued by internal conflicts, personal agendas, and opaque decision-making.

Proposed Guidelines for Gated Communities

Dos

1. For RWAs and Office Bearers: 

● Uphold the principles of transparency and inclusivity by sharing financial statements, meeting minutes, and policy decisions with all residents regularly. 

● Engage professional auditors to conduct annual audits and ensure fiscal discipline. 

● Promote participatory governance by encouraging residents to voice their concerns and suggestions in a structured manner. 

● Convene regular General Body Meetings to discuss and resolve community issues collectively.

2. For Clubhouse and Amenity Management: 

● Introduce a well-defined booking system for clubhouses, specifying permissible activities, time slots, and charges to maintain order and fairness. 

● Reserve these spaces exclusively for non-commercial, community-building purposes to uphold their intended essence. 

● Ensure that all maintenance and operational activities are documented and accessible for resident review.

3. For Security and Regulation: 

● Equip gated communities with state-of-the-art surveillance systems, including CCTV cameras at strategic locations, to safeguard residents and amenities. 

● Establish stringent visitor management protocols to monitor and regulate access to shared spaces. 

● Conduct periodic training for security personnel to handle emergencies and maintain decorum.

4. For Residents: 

● Foster a spirit of cooperation by respecting community rules and participating in collective activities. ● Report instances of mismanagement or noncompliance promptly to the RWA for corrective action. 

● Discharge financial obligations, such as maintenance fees, diligently and in a timely manner.

 Don’ts

 1. For RWAs and Office Bearers:

● Avoid unilateral decision-making or actions that prioritize individual interests over collective welfare. ● Refrain from withholding financial or operational information from residents. 

● Do not perpetuate internal conflicts or create factions within the community.

2. For Clubhouse and Amenity Management: 

● Prohibit activities that disrupt the peace, such as loud parties, gambling, or unauthorized gatherings. 

● Avoid discriminatory practices or favouritism in granting access to amenities.

3. For Security and Regulation: 

● Do not compromise on security measures, such as allowing unregistered visitors or vendors access to the premises. 

● Refrain from lax oversight of shared spaces, which can encourage misuse or negligence.

4. For Residents: 

● Avoid behaviour that infringes upon the privacy or comfort of fellow residents. 

● Do not misuse common areas for personal or commercial gains.

 Implementation Strategy

1. Awareness and Sensitization: 

● Organize workshops and interactive sessions to educate residents and RWAs about their roles and responsibilities. 

● Disseminate printed and digital copies of these guidelines to ensure widespread awareness.

2. Monitoring and Compliance: 

● Constitute a dedicated committee to oversee the implementation of these guidelines and address grievances. 

● Introduce periodic reviews to assess the effectiveness of the proposed measures and make necessary adjustments.

3. Collaboration with Authorities: 

● Request the support of local law enforcement and municipal bodies to enforce security and management protocols effectively. 

● Partner with regulatory bodies such as RERA to align these guidelines with statutory requirements.

Conclusion: 

This proposal is not merely a response to the High Court‘s observations but an earnest effort to reimagine gated communities as bastions of collective harmony, mutual respect and shared responsibility.

 It is our hope that these guidelines will serve as a beacon for communities across Telangana, fostering a culture of transparency, accountability, and inclusivity.

---Advocate M.Ravindra Babu, Tel: 89850 06444. Email; masterkeyattorneys@gmail.com

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