The resident welfare association is commonly abbreviated as RWA. These associations are registered under the societies registration act 1860. The establishment of this association is for the sake of the common welfare of all the residents. Rules and regulations of the registration act govern the working of RWA. Compliance with all the provisions for the smooth functioning of society is a mandatory condition. The doctrine of check and balance also scrutinizes the association. In the purview of same, they are a body corporate. And, also inculcates all the features of the same. To eliminate the element of arbitrariness a responsibility is imposed on it that it can be sued or can sue any individual.

Issues related to RWA

  • Membership

The society which has its RWA opens up for the membership program and any person; who is major in the purview of Indian majority act and have a keen interest in developing the society and taking care of the same and apply for the membership in the society. The mandatory condition for the sake of membership is that one should abide by the terms and conditions without any kind of discrimination on any ground. A requirement of valid registration is necessary for the sake of membership in a prescribed form.

With the heavy responsibilities levying on the shoulders of the members; the challenges are also knocking on the doors of the members and the members are facing issues.

  • Issues
  1. The issue with the registration of the members is always at the peak; the registration process is a lengthy process and it leaves the members in a hassle.
  2. To avoid such hassle the builders are suggested to form the RWA and fulfill the formalities but this formality is hard-won by the residents. This is taken by them as an arbitrary act by the builder which can lead to court battles and to disheartened politics.
  3. Even if the RWA is united for some of the opposite interest of the other society members creates a hurdle. This leads to dramatic resignations after the battles and disagreements between the managing committee.
  4. The members can act arbitrarily while framing the rules and can disallow some act that is not up to the mark according to their moral standards.
  • Stakeholders

There are many fields where the RWA posses its interest and works in the development of that field so that in end the best interest regarding the society can be fulfilled.  RWA doesn’t possess the adequate amount of stakeholding in the administrative field that leads to achieving of no end. An initiative by the AAP government has been taken that they are giving the status of the main stakeholder to the RWA in framing the parking rules in the areas near their colonies. As well as the localities around them. In the context of having the stake holding the RWA’s from 10 districts have demanded a location plan of their society

  • Statutory body

The members of the society create a voluntary association through the election contested by them. It attaches no statutory powers within. The statutory bodies have the power to impact the rights of the person over the property. But RWA doesn’t possess such rights and can’t impact the right of the owner over the property. When RWA is not a statutory body it can’t affect the rights of a person. But it is a legal body corporate that can be sued or can sue on the name president; chairperson.

  • Issues

The issue is that when any rule is made by the RWA there is no strict compliance by the members of the society; when no sanction is given. On the contrary, a benefit lies that no arbitrary action could be taken by only the 10 members of the society. The mandatory condition with RWA is that its registration is mandatory. It envisages a bundle of administrative powers. But have no arbitrary powers as to modifying the rights of an individual over the property.

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