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Resident Welfare Association

RESIDENT WELFARE ASSOCIATION

The Societies Registration Act, 1860, Municipal Corporation Act, Apartment Ownership Act, RERA of different states and Bye- laws of every city regulates Resident Welfare Associations (RWA).

 

RWA is formed by a group of members elected by the residents of the society. Once elected, the RWA has to register under the Societies Registration Act, 1860 and is governed by constitutional documents such as Memorandum of Association which contain several Article Of Association to carry out their day to day functions and objectives.

 The RWA / AOA is registered under the Societies Registration Act, 1860 (Central Act and State Acts and Rules), requiring a minimum of 7 members. Alternatively its registered under Co-operative Societies Act, with a minimum of 15 members. Membership of the RWA is open to any member of the society, who is  willing to participate in the development of the society and abide by the rules and conditions of the society, irrespective of any discrimination of colour, caste, creed and religion. Membership is subject to termination if the member is acting against the aims and objectives of the society, or the person dies, resigns or fails in fulfilling any of the conditions mentioned in AOA.

 POWERS AND ROLE OF PRESIDENT, SECRETARY, TREASURER 

As per the existing laws and prescribed format the roles and powers of all office bearers are documented in the MOU, AOA. For example a President or secretary may be appointed as person responsible to defend all legal disputes against the association. Such person will have power to decide any dispute within society related to administration. Maintenance of proper accounts, spending buying budget decisions, decisions related to maintaining internal roads, cleanliness, improving common facilities like park, drainage, street lights, water and electricity. Basically, if the society is approved and registered with permission of the Corporation, it becomes an extention of the same and all responsibilities should be carried out to satisfaction of majority of members as per the lex loci. Every member shall subscribe to and be bound by AOA as amended, from time to time and registered with the District Registrar. 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. 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.

MINIMUM REQUIREMENTS FOR REGISTRATION

Names of Minimum 7 members including office bearers, Rs.5500/- Registration fees – different for different states, 2 copies of Memorandum of association in prescribed format and Rules & Regulations (AOA) for the society, Copy of resolution of the first meeting signed by all members, Address proof of the location of the society office, Ownership documents (Electricity bill, Water bill, Sale deed, or Tax receipts) of designated society office, Residential address proof of all members of the society & latest photo with self-attested, Affidavit on Rs.10 non-judiciary stamp paper, attested by notary from the President/Secretary of the society and Covering letter application for the registration of society to Deputy registrar of concern district from the President/Secretary of the society.

Edited by GNR
Compiled by team GNR
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