Gated Communities RWAs/Colonies

Telangana HC proposes measures to address issues in gated communities

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Hyderabad: The Telangana High Court on Wednesday recommended that the state government introduce a law with detailed guidelines to regulate the internal management of gated communities, including villas and flats.

The court directed the SOT Police of Cyberabad to issue necessary advisories to the gated communities or associations or flat associations in accordance with the City Police Act.

Justice B Vijayasen Reddy made these observations after hearing a writ petition filed by Ch. Hari Govinda Khorana Reddy, who is a resident of Indu Fortune Fields Villas in Kukatpally. The petitioner had alleged, despite repeated complaints about unlawful activities in the communityโ€™s clubhouse, the authorities did not take any action.

In his petition, Khorana Reddy stated that the clubhouse is a shared facility for the residents of the gated community, however, it is being misused for consuming liquor and playing cards only.

The courtโ€™s recommendation is in response to the increasing concerns about unauthorized and illegal activities in shared facilities, such as clubhouses to conduct illegal activities like playing cards, consuming liquor and playing DJ without permission in the gated communities.

The court noted that it is mandatory to obtain approval from the Excise and Prohibition Department for serving or consuming alcohol in the clubhouses of gated communities. It also emphasized that police permission is necessary for playing a DJ within the community premises.

Differences of opinion and internal disputes โ€“ such as public nuisance, disturbances to peace and tranquility, gaming, and unauthorized alcohol consumption โ€“ are inevitable in communities or associations comprising people of various walks of life. However, such issues, which may carry criminal consequences, cannot be adequately addressed under the provisions of the Telangana Societies Registration Act, 2001, or other laws like the Cooperative Societies Act, 1964, the judge noted.

The court also directed the association to immediately form a three-member sub-committee from its executive committee. The recommendations for the sub-committee are to include senior citizens, women, or retired residents who can monitor the activities at vulnerable locations such as the clubhouse. The Sub-Committee will report any deviation to the concerned police.

The association has also been instructed to come up with clear guidelines for its members regarding the use of the clubhouse of the gated community and at the same time members should be warned of stringent criminal action in case of misuse for illegal activities or any nuisance.

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