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Attention all the society residents and RWA members..!!

Resident Welfare Associations

Because of the enormous development of residential colonies, we can see resident welfare associations (RWAs), although not in practice rules and regulations about it falls under Societies Registration Act,1860 (in every state the Act may have state-level amendments since every Resident Welfare Associations (RWAs) are typically registered under it.
We can sum up in a nutshell that RWAs are governed by the society registration act,1860, and AOA (article of association also known as Bye-Laws).

RWA Regulations & Rules

The RWA/AOA is registered under Societies Registration Act,1860 (Central act and State Act & Rules), which needs a minimum of 7 members or under the Co-operative Society Act, which should have a minimum of 15 members from a given area or under the Apartment owners Act of the state as Association of Apartment Owners.

These Acts and State registration Act clearly defines the rules of the establishment of RWA by-laws which includes roles & responsibility of each elected member, detailed membership criteria, voting rights of Allottees /owners, memorandum of associations, meeting & election procedure, and the conditions under which elected members can initiate legal proceedings on behalf of the registered society.

Constitution of Body:

The following is the present structure/strength of the governing body:-

1. President: One

2. Vice-President: One

3. General Secretary: One

4. Secretary: One

5. Treasurer: One

6. Finance Advisor: One

7. Executive Members: One or maximum

Constitutional validity and RERA Empowerment:

As per the constitution of India, under article 19(C ), it gives the citizens “to form associations or unions” as a fundamental right. Thus nobody can challenge or stop anyone from forming RWA or AOA.

The formation of the Association of Allottees or RWA has been made MANDATORY as per the Real estate (Regulations & Development) Act, 2016. Under Section 11(4) sub-clause (D),(E), and (F), the provisions mandate that the builder/promoter shall:

Be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the Allottees.

Enable the formation of an association or society or co-operative society, as the case may be, of the Allottees, or a federation of the same, under the laws applicable.

Provided that in the absence of local laws, the association of Allottees, by whatever name called, shall be formed within three months of the MAJORITY OF ALLOTTEES (above 51%) having booked their plot or apartment or building, as the case may be, in the project.

How to start RWA/AOA:

An association of owners in a given society can form an RWA for day to day functioning of the society. The developer and residents can mutually call for a joint meeting and all residents for the annual general body meeting to form an RWA.

The Society Registration Act, 1860, mandates that at least 7 members should give their name to the memorandum of the association who will occupy posts in the management body. If more residents are interested in becoming members, then an election must be conducted.

In larger townships where the set of the project is designed or planned which includes, group housing, multi-storied residential flats, Low-rise development, Villas and Penthouses, Plotted developments, commercial & institutional complexes, etc, different kinds of projects have a different set of closed boundary and having independent project name or access, or different builder/developers, etc.
In that case, different set-of by-laws are designed to govern them, which are binding on every resident.

Once the temp or ad-hoc committee or management committee is in place, the next step is to verify the documents, books of account, and the facilities promised by the developers.

Among the important documents that the committee must be unsure of & see are the Occupancy Certificate of the Completion certificate, all project approval documents, land-related documents, fund details, books of account, and deposits received for different facilities like club, gym, spa, and other recreational facilities or others.

DOCUMENT CHECKLIST FOR APPLYING FOR RWA/AOA REGISTRATION
  • Minimum 7 members including office bearer.
  • Challan of Rs. 5500/- (Registration fees).
  • Memorandum of association with prescribed format ( 2 copies).
  • Rules & Regulations for the society (2 copies).
  • Copy of resolution of the first meeting.
  • Address proof of the location of the society office.
  • NOC from the owner, if society office is rented.
  • Ownership documents (Electricity bill, Water bill, Sale deed, or tax receipts).
  • Residential address proof of all members of the society & latest photo with self-attested.
  • Affidavit on Rs.10 non-judiciary stamp paper, attested by a notary from the President/Secretary of the society.
  • Covering letter application for the registration of society to Deputy registrar of concern district from the President/Secretary of the society.
Post Registration Compliances:

1. Every Society shall maintain a register of its members at its registered office and shall enter therein the particulars of admission or removal of a member within fifteen days of the admission or removal or the cessation of any membership, as the case may be, in the prescribed manner.

2. A copy of the register of members maintained by the Society, if not filed at the time of registration, shall be filed with the District Registrar within sixty days from the date of registration.

3. The Society shall file an updated list of members, separately showing the inclusions and deletions, if any, every year within sixty days of the close of the financial year in the office of the District Registrar in physical or electronic mode, as may be prescribed.

4. While filing the updated list of members, the authorized officer of the Society shall certify that such inclusions or deletions are as per the provisions of the Act, rules, and the Bye-laws.

Rights and obligations of members.

1. Every member shall subscribe to and be bound by the Bye-laws as amended, from time to time and registered with the District Registrar.

2. Every person admitted as a member on the date of notification of elections, subject to his not being in arrears of membership fees or annual subscription, for a period as may be prescribed, shall have the right to exercise his vote in person.

3. Every member shall have the right to inspect the books of accounts, books containing the minutes of proceedings of meetings on any working day during business hours after giving reasonable notice.

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