ben (Manager) 21 October 2013

Complaints on rwa: karnataka societies act

Dear Friends,

This is about a gated community layout of independant houses in karnataka. The layout is presently

maintained by the builder, pending completion of work.

In early 2013(feb) few residents registered a RWA under Karnataka societies Act 1960. A commitee

was formed representing the residents of layout. The RWA's so far activities are limitted to

preparatory work including procurement of office inventories, organizing events etc sourced

via corpus fund collected from residents. By this time certain differences arised between

few residents and committee on

1. Unavailablity of bye-laws

RWA claim that bye-laws are yet to be formed. When residents suggested to publish

a draft version for review and intake of suggestions as well as getting it aproved by GB,

the RWA shown little interest to that. Yet, the residents dont know whether the RWA commitee

had secretly submitted a bye-law to registrar or not by this time.

It is not clear form KSOA act that whether there any stipulated time frame to form bye-law

after registration of society.

Is it mandatory to have the byelaw aproved by General body?

2. Email was the major media of communication/discussions between members and committee. When few

members questioned the committee on proof of unreasonable/unilateral spendings so far. For instance

the committe reported that the lawyer expense for registering the society itself was 25000 rupees.

Those who questioned this as well as asked for society's transactional account statement in bank

(including a committee member) were removed from the email recepient list without any notice.

The society is not yet operational for its intended purpose of handling the common amenities

in the layout. But the society is formed as a representation of all residents. Can this act of

blocking/non-communicating considered as violation of KSOA as well as a discrimination under

general laws ?

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1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 October 2013

First the bye-laws should have been made and got approval of the General Body. How the Association could be registered without bye-laws. Registration under the Societies Registration Act would not have been appropriate. I think RWA means Resident's Welfare Association. Why the word "Welfare" It is not an Association for charity and the members are not just volunteers.For registration under Societies registration act often they insist on using the word "welfare". If the Association is registered there will a formal name as well as a registration number. If the name and number are available you can send an application under the RTA to the registrars office and ask for copies of all documents, including the bye-laws. It will also contain the names of all the original members.

I suspect your association is not registered and it is a fake. If so you can take even criminal action against the office bearers.