RWA MAINTENANCE AGREEMENT
This Agreement is made at __________ on __________.
BETWEEN
__________, __________, of __________, acting through __________, __________ (the "Association");
AND
__________, __________, of/at __________ (the "Resident").
The Association and the Resident are each a "Party" and together the "Parties".
RECITALS
A. The Association manages the common areas, facilities and services of the colony or complex in which the unit at __________ is situated, and levies maintenance charges on residents to fund that management.
B. The Parties wish to record the Resident's obligation to pay maintenance charges and to observe the Association's common-area rules, on the terms of this Agreement.
NOW THIS AGREEMENT WITNESSES as follows.
- MAINTENANCE CHARGE
1.1 The maintenance charge for the unit is computed on __________.
1.3 The current monthly maintenance charge for the unit is __________, payable on or before day __________ of each calendar month. The Association may revise this charge from time to time in accordance with its own rules and a General Body or Managing Committee decision, on written notice to the Resident, and the revised charge then applies in place of the figure in this clause.
1.4 Late payment carries interest at __________ on the overdue amount from the due date until payment.
- SERVICES COVERED
2.1 The maintenance charge is applied by the Association towards: __________.
- COMMON AREA RULES
3.1 __________
3.2 The Resident shall not encroach on common areas, obstruct access, or cause a nuisance to other residents, and shall comply with the Association's rules notified in writing from time to time.
- DEFAULT
4.1 If a charge under clause 1 remains unpaid for thirty days after its due date, the Association may, after seven days' further written notice, suspend the Resident's access to common facilities that are not essential for access to or basic habitability of the unit, until the arrears and interest are cleared.
4.2 Arrears of maintenance charges and interest under this Agreement are __________.
- OWNER'S CONTINUING LIABILITY
5.1 Where the Resident is a tenant or occupant and not the owner, the owner of the unit remains liable to the Association for maintenance charges and other sums under this Agreement, jointly with the Resident, and this Agreement does not release the owner from that liability.
- TERM AND AMENDMENT
6.1 This Agreement takes effect on __________ and continues for as long as the Resident occupies, or the owner owns, the unit, unless replaced by a fresh agreement reflecting a revised maintenance rate or rules.
6.2 A rate or rule may be amended by the Association only in accordance with its own bye-laws or rules and a General Body or Managing Committee decision as those provide, and notified to the Resident in writing; this Agreement does not itself fix the rate or rules beyond what is recorded above as at the date of this Agreement.
- GENERAL
7.1 This Agreement does not create any tenancy, licence or proprietary interest in favour of the Association over the unit, and does not affect the Resident's or owner's title.
7.2 A dispute arising from this Agreement, other than one covered by clause 4.2, may be raised before the courts having jurisdiction at __________.
7.3 This Agreement is governed by the laws of India as in force in the State of Punjab or the Union Territory of Chandigarh, according to where the unit is situated.
IN WITNESS WHEREOF the Parties have signed this Agreement at __________ on __________.
SIGNED for the ASSOCIATION
__________
Through: __________, __________
Signature: ______________________________
SIGNED by the RESIDENT
__________
Signature: ______________________________
WITNESSES
- __________
Signature: ______________________________
- __________
Signature: ______________________________