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Tuesday, August 27, 2019

Can an RWA formed by 20 flat owners without intimation & consent of the remaining flat owners in a project of 458 flats issue dictates for the collection of funds for jobs decided by themselves & have any administrative powers in the said project?

Babji Yana's answer at Quora on 21st Feb 2019

RWA is supposed to be a representative association of flat or apartment or plot owners in the given area. It shall be formed under intimation and consent of majority of the people that reside in that particular area. It shall start with an Ad-hoc body called Managing Committee having honorary Office Bearers like President, Secretary, Treasurer etc.
In case money is to be collected for common causes, RWA shall be registered either under Co-operative Societies Act, which should have a minimum of 15 members or under Apartment Owners Act or under Societies Registration Act, which needs a minimum of 10 members.
Once RWA is in place, it can, with all residents agreeing, decide on subscription charges, maintenance charges and upon other affairs. It is a legal body which can sue and be sued in a court.
RWA shall have bye-laws, shall conduct general body meetings, quarterly or monthly meetings, shall maintain accounts and get them audited and shall have periodical elections.
It is a body of individuals and shall function on democratic principles.

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