Resident Welfare Association - Role, Power And Rules Of RWAs

By Investoxpert | 16 Nov 2023 | Real Estate

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Every residential society has a Resident Welfare Association (RWA). As its name suggests, its primary objective is to advance each resident of a particular residential community's overall well-being.

 

Many positions, responsibilities, and policies are created at the same time to ensure the smooth running of a certain region. With the help of this blog, you may research the resident welfare association's activities in India.

 

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What Is A Resident Welfare Association (RWA)?

A Non-Governmental Organization (NGO) called a Resident Welfare Association looks out for the welfare and interests of residential societies and colonies in urban areas.

 

The Societies Registration Act of 1860 governs the registration of resident welfare associations. It is possible that every Indian state has numerous amendments that vary from one another and continue to evolve over time. The RWAs cannot operate in accordance with one's own will when a building is registered under the Societies Registration Act; instead, they are subject to specific constitutional documents. 

 

The documents make sure that the RWAs have specific authority, and they also verify whether they are necessary. Both of them are able to sue this. This legal entity has the authority to execute every right for every

 

In a given society, there are several things that need to be attended to, and the RWA or the president's job within it is essential and plays a vital role. The resident welfare association is responsible for maintaining the common areas and amenities, including the state of the internal roads, street lighting, rain collection systems, drainage systems, general cleanliness, and public utilities like water and electricity. 

 

Significantly more work may be required of the RWA in eminent societies. In large societies, for instance, the responsibility of resident welfare associations extends to overseeing and controlling business operations in the form of bazaars, stores, transportation, and banks located on the society's property.

 

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What Is The RWA Roles And Responsibilities Of RWA Officeholders?

The president, general secretary, vice-president, secretary, treasurer, financial adviser, and a few executive members will be appointed to each RWA. The following is a brief outline of the authority and duties of RWA Functionaries:

 

PRESIDENT

  • Every meeting of the governing body and general body is presided over by the president.
  • On a draw, they are entitled to vote.
  • Overseeing every task completed by different office bearers.
  • May manage the bank accounts of the society.

 

VICE-CHAIRMAN 

  • Help the president with everything they need to do.
  • When the president isn't around, conduct yourself like one.
     

GENERAL SECRETARY 

  • In charge of representing society in positions of authority, whether private or public.
  • Keep the members' and society's records current.
  • May manage the bank accounts of the society.
  • In their absence, secretary assume the responsibilities of the general secretary.
  • Assist the general secretary of the RAW when needed.


 

TREASURER

Gathering donations, gifts, subscription fees, grants-in-aid, and presents from members and the public.

 

Who can be a member of RWA?

A member of RWA might be any major who is eager to contribute to the advancement of society. In addition, he need to follow social norms without giving any consideration to race, caste, religion, or faith.

 

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What are membership rules of RWAs?

The RWA has the authority to refuse membership to a specific job, explaining its decision in writing to the individual in question.

 

If a member works against the society's goals and objectives, passes away, resigns, or misses three consecutive meetings without giving written notice, their membership may be terminated.

 

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How To Form Resident Welfare Association?

Typically, the association is made up of individuals chosen by the members of the society. Once elected, the RWA is regulated by constitutional documents like the Memorandum of Association, which summarizes its goals and functions, and must register under the Societies Registration Act, 1860. 

 

In order to form a society under the Societies Registration Act, 1860, seven or more individuals must subscribe their names for registration under the Registrar of Societies.

 

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Is RWA Membership Mandatory?

As per the criteria outlined in the Real Estate (Regulation and Development) Act, 2016, a housing society is required to form a Resident Welfare Association (RWA) no later than three months after the bulk of the houses there have been reserved. In the event that a developer fails to establish a RWA for said society, the legitimate owners may remove themselves from such body.

 

Following the sale of 50% of the apartments or condominiums in the project, builders or developers are required by the Maharashtra government's RERA guidelines to establish a RWA and transfer the "right of common areas" to that organization.

 

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What Are The Powers Of Resident Welfare Association (RWA)?

The RWA sets the subscription price for each and every member of the society. While any resident may request membership in the RWA, the organization reserves the right to reject requests for membership after providing a valid justification. 

 

In the event that the majority of RWA members demand it for a legitimate reason, the RWA also has the authority to revoke the membership of any resident who passes away due to not paying subscription fees in the event that their actions go against the interests of the society. 

 

In addition, running the Resident Society and putting all required rules and initiatives into action fall under the purview of the RWA. All members of the concerned community are eligible to apply for RWA membership.

 

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What Is The Financial Year Of A Resident Welfare Association? 

The financial year followed by an RWA begins from April 1 to March 31.

 

Funds of a Resident Welfare Association (RWA)

Retained in a scheduled bank are the monies belonging to a specific RWA. The RWA's general secretary, treasurer, or president may manage the account. The governing body must designate a trained auditor who will audit each and every RWA's account.

 

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How Are The RWA Members Selected? 

The general body meets to elect the society's governing body for a certain term. During the meeting, the citizens can choose a representative by raising their hands. There should be no fewer than seven office bearers on the final RWA roster. They have to be lodged with the registrar of the society and attested by three exiting bearers.

 

Membership Residents Welfare Association Rules And Regulations

The RWA membership guidelines are as follows:

 

  • Any person or individual may be denied membership in RWA in writing. The concerned party should receive the written application.
  • Any employee may be fired if they are not fulfilling the goals and objectives of RWA.
  • An individual will be fired if he misses three consecutive meetings. You don't need to give written notice to accomplish this.

 

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What Are The Amendments To RWA Rules?

It is possible to change the RWA Rules. The Memorandum of Association is open to amendments, and any changes must follow the process outlined in Sections 12 and 12A of the Societies Registration Act, 1860.

 

Are the Resident Welfare Associations given some statutory powers? 

No, this cannot affect your claim over your property because RWAs are voluntary associations with a great deal of authority and power. Cooperative housing associations, on the other hand, have greater control.

 

It must be emphasized, therefore, that the Resident Welfare Association is not authorized to restrict the speech or privacy of any homeowner. When it comes to maintaining or operating the building, the society, or any workshops hosted on the society's property, a RWA applies its authority or restriction.

 

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What Is The Reality of RWA’s?

In India, the primary goal of RWA is to promote the citizens' collective welfare. On the other hand, disagreements frequently arise between RWA members and locals. Among the frequent grievances that RWA members encounter are:

 

  • Dumping rubbish on the roadway
  • Overflowing of shared space
  • Abuse of the whatsapp group
  • Conflicts around parking
  • Excessive number of plants on the balcony

 

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Let’s Have A Look At The Latest News On Resident Welfare Association

RWAs in Noida Meet with Authority Officials to Discuss Ongoing Civic Issues

March of 2023 On March 28, 2023, officials from work circles 6–10 of the Noida Authority met with representatives from around 20 RWAs (Resident Welfare Associations) in residential sectors under the FONRWA (Federation of Noida Residents Welfare Associations). The purpose of the meeting was to talk about the upcoming municipal issues in the neighborhood, such as the installation of new swings in parks, encroachment difficulties, insects on trees, and drain leveling. 

 

There were also requests for the development of markets in Sectors 135 and 112. Numerous residents have also complained about the menace of mosquitoes, moths, flies, and other insects as a result of the numerous dried leaves that have been neglected and dumped across various sectors. 

 

The Secretary General and President of FONRWA asked officials to expedite all outstanding civic works. According to the Deputy General Manager of Noida, work is being done in a number of sectors in response to issues that the RWAs have brought to their attention. He promised that the concerns will be handled as soon as feasible. 


 

The Noida Authority's Deputy Director of Horticulture Department further informed that new swings would be installed in the parks and that trees would be sprayed with medication.


 

Conclusion

An important organization that watches out for the interests and welfare of society is a RWA (Residents Welfare Association). You will be equipped with all the information you need to know about a Resident Welfare Association after reading this article in its entirety. If you dwell in a residential society, this information might be a very helpful resource.   

 

  • Keep the required account records for the money belonging to the society. It is necessary to keep these specific funds in a particular bank.
  • Managing the bank account for the resident welfare association.
  • Executive personnel
  • Helping with the everyday tasks of society.

 

According to Section 4 of the Societies Registration Act, 1860, submitting the list of office holders to the Registrar of Societies whenever necessary.

 

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# resident welfare association
# is rwa membership mandatory

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