Resident Welfare Associations
Because of enormous development of residential colonies, we can see resident welfare association (RWAs) , although not in practice but rules and regulations pertaining to 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 nutshell that RWAs are governed by society registration act,1860 and AOA (article of association also known as Bye Laws)
RWA Regulations & Rules
The RWA/AOA are registered under Societies registration Act,1860 (Central act and State Act & Rules), which needs minimum of 7 members or under the Co-operative society Act, which should have 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 members, detail 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:-
Executive Committee having
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President: One
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Vice-President : One
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General Secretary : One
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Secretary: One
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Treasurer: One
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Executive Members: Two
The Executive Committee is chosen by the members of Collegium who are representative from each tower.
Constitutional validity and RERA Empowerment
As per constitution of India, under article 19(C ), its gives the citizens “ to form associations or unions” as a fundamental rights. Thus nobody can challenge or stop anyone from forming RWA or AOA.
The formation of 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 a period of 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.