RWA registration

Dear Sir,
Registration under KCSA (Co-operative Society Act)

This is appropriate only when the association is a housing co-operative society, usually formed before construction, by a group coming together to acquire land or build houses.

Requires more compliance

Annual audits by the Co-operative Department

Suitable for housing co-operative societies, not typical post-occupation apartment RWAs

Dear Client,
In the year 2023, the Karnataka Housing Department, in response to an RTI application, clarified that RWAs should be registered under the the Karnataka Apartment Ownership Act, 1972 (KAOA), The Karnataka High Court has also held that RWAs cannot be registered under the the Karnataka Societies Registration Act, 1960 (KSRA). Registration under the Karnataka Apartment Ownership Act, 1972 (KAOA) grants an apartment association legal status to manage common areas, enforce byelaws and represent residents in legal matters, whereas, the Karnataka Societies Registration Act, 1960 (KSRA) is intended for literary, scientific and charitable societies, offering no corporate status or authority to own property, enter contracts or take legal action. The migration from the Karnataka Societies Registration Act (KSRA) to the Karnataka Apartment Ownership Act (KAOA) typically involves all apartment owners signing a Declaration of Deed (DoD). Once the DoD is submitted, the association is effectively registered under KAOA, and all provisions of the act apply. A resolution intending migration from KSRA to KAOA is required to be passed by a 2/3rd majority of votes duly passed in the SGM or AGM of the Society following the provisions of the Bye-laws. For updated information and clarification on the subject, you may visit/contact the Karnataka Housing Department.