• Resident Welfare Association

We are eight plot owners situated in layout ( BBMP) Bangalore 
would like to form a association 
1. Layout owner is adjacent our layout keep disturbing our access road
2. Layout Owner is unnecessary blocking our road access to our layout 
3. Always his dialogue is to state that Site he had given not the road
4 He has rented his place to commercial people and blocking our roads 
 Hence we would like to fight against our rights and he sometime grab money from landlords 

Out of Eighth owners 6 owners are align with our decision, please guide us how to form a association
Asked 1 month ago in Property Law
Religion: Christian

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10 Answers


To register a Resident Welfare Association apply to the Registrar of Societies with the following documents: 

 

1. Application form and Information in Form A

2. Memorandum of Association and Rules and Regulations

3. List of subscribers to the Memorandum of Association.

4. Proceedings of the first meeting to form a society

5. Affidavit in the prescribed form

6. Identity card and address proof of subscribers to the Memorandum of Association

7. Address proof of Society proposed to be registered

Ravi Shinde
Advocate, Hyderabad
4783 Answers
42 Consultations

To form a Resident Welfare Association (RWA) in Bangalore, you need to gather a significant number of residents from the area, draft a Memorandum of Association (MoA) and Bye-laws, collect necessary documents like property ownership proofs, and submit them to the Registrar of Cooperative Societies, essentially registering the association under the Karnataka Apartment Ownership Act, following the guidelines of the local authorities like BBMP; a minimum of 2/3rd vote is typically required to elect the committee members, and a list of committee members with photographs and address proofs are also necessary. 

According to the Societies Registration Act, a minimum of seven members are required to form a Resident Welfare Association (RWA) in Bangalore, as this is the standard number needed to register a society under the Act. 

To officially form an RWA, you need to register it with the Registrar of Societies, which typically requires a minimum of seven members. 

Hence you may ask one more member to join you to form the association

T Kalaiselvan
Advocate, Vellore
88340 Answers
2391 Consultations

Call meeting of all plot owners 

 

pass resolution for formation of association 

 

election of office bearers 

 

opening of bank accounts in name of association,operation of bank accounts 

 

registration of association 

Ajay Sethi
Advocate, Mumbai
98138 Answers
7975 Consultations

 

1. The Layout owner who has property adjacent to your layout cannot disturb your access road, if your layout has been approved
by the BBMP or BDA

2. The Layout Owner for the same reason unnecessarily block your road access to your layout

3. He cannot state that he has only sold the site and not the road, Please refer to your Sale Deed it will have a Road mentioned on one of your boundaries in the Schedule.


4. Even if he has rented his place to commercial people and blocking our roads, if it is causing inconvenience for ingress and egress you can fight for your right by seeking injunctive relief from a court of lawe we would like to fight against our rights and he sometime grab money from landlords

5. Forming an association will not be of any help at the moment, but you can proceed as a group of owners to fight the Owner and prevent him from harassing and troubling you in the above mannerOut of Eighth owners 6 owners are align with our decision, please guide us how to form a association

Chandra Pal Singh
Advocate, Bangalore
17 Answers
4 Consultations

Since you are located in Bangalore co tact local lawyer 

 

advisable to form an association 

Ajay Sethi
Advocate, Mumbai
98138 Answers
7975 Consultations

It is advisable that you form a registered residents welfare association which becomes a legal entity and an authorised organisation to fight for the rights of its members.

You can consult an experienced lawyer of this website in person or consult over phone and discuss about further formalities to form the RWA.

You can also choose a consultant outside this website too to get your task completed.

T Kalaiselvan
Advocate, Vellore
88340 Answers
2391 Consultations

You can file proceedings against him under easement law and seek remedy

Prashant Nayak
Advocate, Mumbai
33317 Answers
219 Consultations

To protect your rights and address the obstruction of road access, you and the other plot owners can form a Resident Welfare Association (RWA) under the Karnataka Societies Registration Act, 1960. This requires drafting a Memorandum of Association (MoA) outlining the association’s objectives, electing office bearers, and registering it with the Registrar of Societies, BBMP jurisdiction. Once registered, the association can formally file complaints with BBMP against the adjacent layout owner for blocking the road and, if necessary, initiate legal proceedings for an injunction to prevent further obstruction. Additionally, if the obstruction is deliberate, you may file a police complaint under Sections 341 and 447 of the IPC. Forming an association strengthens your legal standing and allows collective action, making it easier to enforce your rights. If you require assistance in drafting the required documents or initiating legal action, I can guide you further.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
382 Answers

1. It is okay that you are new owners of the property and that the layout was formed by a panchayat approval. The layout will still have road access

2. Forming an association of Owners at this time may not be practical, but if you see a long term benefit, you can register one under the Societies act in Karnataka

3. Please ask for a consultation and further advise on the matter can be provided

Chandra Pal Singh
Advocate, Bangalore
17 Answers
4 Consultations

To address the obstruction of your access road, forming a Resident Welfare Association (RWA) can provide a unified approach. Here's how you can proceed:

1. Forming the Association:

  • Minimum Membership: At least seven members aged 18 or above are required to form an RWA.

  • Documentation:


    • Memorandum of Association (MoA): Details the association's name, objectives, and member information.

    • Bylaws: Outline the rules governing the association's operations.

    • Member Details: List of governing body members with their addresses, occupations, and signatures.

    • Address Proof: Proof of the association's registered address (e.g., utility bill or rent agreement with NOC from the owner).

  • Registration: Submit the above documents to the Registrar of Societies under the Karnataka Societies Registration Act, 1960.

2. Legal Actions Against Road Obstruction:

  • Police Complaint: Report the obstruction to the local police, as blocking a public road is illegal.

  • Civil Suit: If necessary, file a civil suit seeking an injunction to remove the obstruction and restore access.

  • Easement Rights: If the road has been your primary access for an extended period, you may have established an easement right, strengthening your legal position.

3. Practical Steps:

  • Gather Evidence: Collect documents proving the road's status as a public access route, such as layout plans, sale deeds, and any previous correspondence.

  • Consult a Legal Expert: Engage a lawyer experienced in property disputes to guide you through the legal processes and represent your association's interests effectively.

By forming an RWA and taking appropriate legal actions, you can collectively safeguard your rights and ensure unobstructed access to your properties.

Shubham Goyal
Advocate, Delhi
929 Answers
5 Consultations

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