• Forcing to join RWA

Owners of my township are insisting i join the RWA that they are planning to form. I have told them it own't be possible and also assured them I would continue to pay all maintenance charges. Now they are issuing a form e against me. I need to understand, can they force someone to become part of RWA? also, what is form E ? thanks
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

Resident Welfare Association (RWA) is an association of people who own houses in a particular society, which is responsible for the day-to-day functioning of the complex.

The real estate act says that a developer has to hand over a housing project to the residents within a few months from the time he obtains the Occupancy Certificate (OC).

The guidelines in the Real Estate (Regulation and Development) Act, 2016, say that a Resident 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 from such a body.

As per RERA guidelines issued by the Maharashtra government, builders or developers are obliged to form a RWA and transfer the "right of common areas" to that association after the sale of 50% of the apartments or con dominium in the project.

 

T Kalaiselvan
Advocate, Vellore
87814 Answers
2365 Consultations

It is mandatory for a owner to become the member of the RWA.

You can enquire about the so called E form from the person who made a mention about it to you.

This is very vague without any reference or substance. There are thousands of E forms, in fact all the forms to be filed electronically are called as E forms. 

T Kalaiselvan
Advocate, Vellore
87814 Answers
2365 Consultations

It is in your interest to join RWA 

 

2) you should be member of association so that you can voice your opinion and vote on various resolution placed for voting in AGM 

Ajay Sethi
Advocate, Mumbai
97612 Answers
7902 Consultations

All flat owners  should be members of association 

 

Ajay Sethi
Advocate, Mumbai
97612 Answers
7902 Consultations

A Resident Welfare Association (RWA) is an integral part of modern-day societies. In a particular housing community, the Residents Welfare Association  is an association of homeowners, which manages the complex each day.

The real estate act stipulates that a developer should deliver residential properties within a few months of obtaining Occupancy Certificates

Builders  are required to form a joint venture association and transfer the "right to common areas" to that organization upon selling 50% of the apartments or condominium units in the project under RERA guidelines. All persons over the age of majority who are interested in the development of the society and agree to adhere to its terms and conditions are welcome to join. They will be subject to the approval of the governing body. All members must adhere to the rules and regulations of the society.During the membership general body meeting, every member has a right to participate.A member of the society can also vote at the society's meetings.Society members are entitled to attend all meetings, functions, and social events.

Thus, you are considering getting involved with the society as a member.

So think about the benefit or think about the force for joining which conquer your mind 

 

 

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

Dear sir,

1. It is not mandatory to join the RWA.

2. You have to adhere to the rules and regulations of the society made by the RWA

3. They cannot force you to join the RWA, but it would be better to join as a member so that you can take part in the decision and resolutions taken in the society.

Thank You

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

- As per rule , the formation or registration of an RWA is not mandatory , but for collecting amount from the residents it should be registered. 

- Further the RWA cannot force any owner for joining as a resident 

- However, only a member can avail the facility of RWA , and if you are not satisfied with the rules of RWA then you can lodge a compliant before the management of association 

- Further , you can also lodge a compliant before the Registrar as well. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

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