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Bharathy   19 March 2024

Unregistered rwa bylaw

We have properly registered our association… it is a residential owners welfare association. But we have not registered bylaw thought that what ever given in register office is a registered one. 
We conducted AGM as well but failed to register bylaw because of lack of knowledge..
Now some people are not cooperating with association and not paying maintenance and saying the association cannot take any legal action towards the non paid owners  since there is no registered bylaw.. please advice…



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

Once the society is registered with the Dy. registrar of cooperative societies the bylaws become part of the registration.

hence there is no question about registering the bylaws separately.

Since the society is registered body, it is eligible to sue and be sued.

Your society can take proper legal action as per by laws to recover the maintenance amount from the defaulted members

Bharathy   19 March 2024

Thank you so much for your reply sir.,

I heard that the bylaw will be effective only after 1/3 of the owners approve it in the AGM and resolution should be passed and the same should be submitted in the register office along with 4 xerox copies of amended bylaw , after these steps only the bylaw will be effective.. 

What ever we are having now is just a paper which was given for reference is what those non payers are saying. 

Please guide ....

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

The bylaws of the RWA is the part of the registration documents  of the RWA. 

The Dy. Registrar would have insisted on the bylaws to be attached for registering the association, if not, there is nothing wrong because  the society itself is a registerd body, hence it can submit the bylwas of the asociation to the registrar, who will approve the same even now if it is in accordance with the rules.


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