RWA
10 months ago
Is it mandatory to register a RWA? What are the issues if you do not register a RWA?
A.Dear Client,
If your query is meant for RWA i.e, Resident Welfare Association then that is required to be registered under the Societies Registration Act, 1860. Each state may have amendments included from time to time and these shall be applicable on all RWAs in that particular state. Being registered under the Societies Registration Act means that the RWA is governed by constitutional documents and cannot work according to its own will. The documents ensure that RWAs have special powers but their powers are also checked, if need be. It can be sued and can sue, as well. For all legal purposes, it is a legal body with rights. It is to be noted that the formation or registration of an RWA is not mandatory, it has to be registered if it aims to collect money from residents for the common welfare of the residents. According to Real Estate (Regulation and Development) Act, 2016, a resident's welfare association (RWA) must be established in a housing society, within three months from the time that a majority of the houses there have been booked. If a developer does not take steps to form an RWA for such a society, the legal owners can themselves form such a body and get it registered under the Act.
If your query is meant for RWA i.e, Resident Welfare Association then that is required to be registered under the Societies Registration Act, 1860. Each state may have amendments included from time to time and these shall be applicable on all RWAs in that particular state. Being registered under the Societies Registration Act means that the RWA is governed by constitutional documents and cannot work according to its own will. The documents ensure that RWAs have special powers but their powers are also checked, if need be. It can be sued and can sue, as well. For all legal purposes, it is a legal body with rights. It is to be noted that the formation or registration of an RWA is not mandatory, it has to be registered if it aims to collect money from residents for the common welfare of the residents. According to Real Estate (Regulation and Development) Act, 2016, a resident's welfare association (RWA) must be established in a housing society, within three months from the time that a majority of the houses there have been booked. If a developer does not take steps to form an RWA for such a society, the legal owners can themselves form such a body and get it registered under the Act.
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