Temporary association formed with name x-resident-welfare-association

Raman (Querist) 21 December 2016 This query is : Resolved
I am staying in an apartment in bangalore owning a flat. Our residents started an association by Name "X Resident Welfare Association" (name i kept it as secret and called it as X ) recently to collect maintenance every month and when the builder hands over the building to register under the same name. They are purposely omitting " X Apartment Owners Resident Welfare Association " and simply calling it as "X RWA" as proxy owners wants to rule the registered assn in future. My question is whether such an association is valid in future. Are they entitled to receive all the original documents from the builder (they are not owners at all but they are relatives of the Owners). If they register in RCS can they sue and be sued. What are the dangers of such an association. Except me all other owners are supporting them to name the association without adding "Apartment Owners" after X name.

Pls advice me what action I can take on XRWA.

regards

Raman

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DR.VEDULA GOPINATH (Expert) 22 December 2016
mr Raman

After completion of the building and getting occupancy certificate from the Municipal corporation, the Builder is supposed to handover the common facilities to the Residents who shall form an association.

Thus the Residents are supposed to form a residents welfare association of the residential complex in the name of the Building and Managing committee shall adminster the common facilities and other aspecsts of the living of residents.

Where is the need dto prefix individual name to the society and keep it as a secret. Nothing secret about it.

If the builder is holding on the common facilities, take legal action and see that he handover the common facilities and maintenance is done by residents only and not by builder.

Maintenance of the residential complex is not individual problem and belongs to all the residents.

Such residents welfare society is to be registered under Society Registration Act and such documents are open for nspection and obtaining copies by the all the flat owners.

dr vedula gopinath
senior advocate/arbitrator
vgnath@gmail.com

Rajendra K Goyal (Expert) 22 December 2016
Residents can form / operate their association and get it registered.

Should oppose any other association if it has the non apartment owners as members. In case of need may move to Registrar / court for a stay on its operation in the matters of the complex.

H.M.Patnaik (Expert) 22 December 2016
The Bye-laws of the proposed RWA holds the key to interference by non- owners of flats. So, at the time of subscribing to the Bye-laws of the Association for regn. purpose, care should be taken to provide therein that only Apartment owners can become members of the said asscn.

DR.VEDULA GOPINATH (Expert) 23 December 2016

In case of absence of any enabling provision in the relevant Byelaws the provisions of Society Regtsration Act prevails.

Bye laws can be amended/added/deleted for operational convenience subject to the provisions of Society Registration Act.

No provision should exist in the Byelaws which is opposed to the Registration Act or any other legislation.
The Byelaws of any society is a public document and same can be verified and copied from the Registrar of Societies Office.
dr vedula gopinath advocate/arbitrator

Rajendra K Goyal (Expert) 23 December 2016
Well clarified by the expert DR.VEDULA GOPINATH may be benefited from it.

Dr J C Vashista (Expert) 30 December 2016
I respectfully disagree with the expert advise of Dr Vedula Gopinath since Resident's Welfare Association do have its own Memorandum of Association and Articles of Association registered under the provisions of Societies Registration Act, 1860.
Whereas on completion of construction of the project the Builder is supposed to submit declaration and hand over maintenance to the Ownership Association under the provisions of State (Delhi,Punjab, Haryana, UP, Maharashtra so so and so on) Apartment Ownership Act.

Guest (Expert) 30 December 2016
Well advised by Senior Expert/Advocate Dr.Vedula Gopinath

Temporary association formed with name x-resident-welfare-association

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