There is no denying that residents’ welfare associations (RWAs) play an important role in solving civic problems in their neighbourhoods. Besides promoting positive changes in civic life in the area, active RWAs also ensure that the larger citizenry is aware of their rights and duties. But how do you form an RWA where none exist? What are the powers of an RWA? Who can become office bearers? What is the process of drafting bylaws?
Answers to common welfare association formation questions are provided in this FAQ.
Residents' Welfare Associations: what are they and how do they work?
Members of RWAs live in particular neighbourhoods or apartments and work toward a common goal. Registration of RWAs is governed by the TN Societies Registration Act 1975**. As per the Act, any seven or more individuals can form an association for any literary, scientific, social cause or charitable purpose. Therefore, an RWA must comply with the Constitution's rules. Society has the right to form associations under Article 19 of the Indian Constitution.
Tamil Nadu Apartment and Societies Registration Acts require RWAs in apartments to be registered.
In order to register an association, a Memorandum and Bylaws should be submitted to the District Registrar. Five members of the association should sign the memorandum which contains the name of the association, the objectives of the association, the names and addresses of the committee members, and the occupations of each.
How do bylaws work?
As the holy book of an association, by-laws detail all the provisions pertaining to the organization as a whole. An association may enact a private law to ensure that an apartment is well-maintained or resolve a problem involving government agencies by drafting a set of private laws.
Bylaws consist of what components?
Association Memorandum
Scope and objectives
Election of office bearers: rights, responsibilities, and privileges
Members who are evicted must follow certain rules
Holding an office requires a list of qualifications
Conditions of office and term of office
When maintenance payments or other charges are delayed, what should be done?
Officers and members have the following powers
Identifying a facility's commercial use
The annual general meeting details
Reports for each year
Member of the association's legal team
A description of the RWA's operations
Power to vote
Norms for elections
The resolutions
All other miscellaneous
What can be done to amend the bylaws?
Changing the by-laws of an association must be discussed at the annual general meeting, and three-fourths of the members must vote to approve it. Changes to the memorandum of the organization must be submitted to the registrar within 30 days.
What is the mechanism for electing the association's officers?
It is mandatory for an association to have at least seven members in order to be registered under the Societies Registration Act. These members could be the President, Vice-President, Secretary, Joint Secretary/Joint Secretaries, Treasurer, as well as members of the executive committee.
A general body meeting should be held during which nominated residents (or owners of the apartment if it is an association) should be voted. Elections should follow any by-laws of the association.
An RWA can extend its term of office up to three years if an enrolled member of the association is unavailable on the day of elections.
What is the best way to fill vacancies in an RWA?
The RWA can carry out the election immediately or can wait until the next meeting of the general body, according to the by-law. Casual vacancies are filled according to the by-law.
RWA's capabilities and limitations
A RWA can seize and sell a member's property in the case the member does not pay the maintenance fee, so that the sale proceeds can cover the maintenance fee.
Water, sewage, and electricity cannot, however, be disconnected by the association. The decision to continue non-essential services like RO, DTH and the Internet depends on the bylaws and the office-bearers. If a need arises, an RWA can file a lawsuit in court.
However, the RWA may not adopt rules that contradict the Constitution, such as the restriction of apartment and locality reservations to a particular religion.
In an apartment, the RWA is responsible for maintaining common areas like the park, the driveway, etc.
If there is a problem with the builder/government agency, the RWA will be able to fight it and can obtain services legally.
It should be mandatory for the RWA to hold an annual general body meeting, display its audited financial statements, and approve its budget at the meeting.
Meetings should be held by the RWA on a monthly basis, minutes should be recorded, and the minutes should be displayed to members.
Representational image, Pic: Twitter/B H Anil Kumar (Bengaluru) RWAs have played an extremely important role in cities during the COVID era.
What is the best way to store the association's funds?
A nationalised bank should hold the funds of the association and the accounts should be audited by an auditor appointed by the association.
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