• Can a new RWA be formed

Respected sirs,
 Can a new RWA be formed in a residential township, in the same area when there is already another registered one that exists ?? 
However, the existing one has been inactive for 4 years and has not yet renewed its registration.
Asked 1 year ago in Civil Law

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23 Answers

New RWA cannot be firmed when there is existing RWA 

renew the registration of existing RWA 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Complain to registrar to dissolve defunct association and simultanealy request to process fresh election or election date.

Tenure of RWA is 2 years, it is already dissolved and due to failure to perform duty, RWA liable to dissolve.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Hello,

  1. There is no impediment t your forming a new RWA in the Residential Township, when the existing RWA has become defunct.
  2. All that is required is that you follow either Apartment Owners Act or Societies Registration Act while forming the RWA. and make a newspaper publication of the same.

S J Mathew
Advocate, Mumbai
3339 Answers
157 Consultations

5.0 on 5.0

If it is building or wing wise than you can formed new RWA, if the existing one is inactive.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

1. Check the local laws to find out the invalidity of RWA in the event of non renewal of registration. In most cases such default does not make the association invalid.

2. In any case with the majority resolution the previous Association can always be dissolved and a new one can be formed.. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

- As per law, RWA is a voluntary organization set up from among the elected members of a housing society and is re-elected every year, or after a set period decided by the general body of the RWA through a voice vote.

- Further , since RWA is a legal body, registered under the Societies Registration Act, 1860  , hence one can sue against its function , if not performing well .

- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the RWA for the occasion.

- Further , as per the rules of the Societies Registration Act, any member or non-member can file a complaint.

- Further, the Registrar of Societies is bound to take action against the errant RWA on a legitimate complaint.

- However, Legally you cannot formed a new RWA  in the same residential township, where there is already another registered one exists. 

- But, you can file a complaint to the Registrar of Societies after narrating your concern against the existed RWA .

- Further , a RWA/housing society can be dissolved also, if the RWA fails to meet its objectives, involvement in illegal acts, inadequate number of members, ceasing of functioning over a period of time, contravention of law, or irreconcilable dysfunction.

- It can be dissolved by a) its members b) the Registrar c) the Court or d) the Government. 

- A number not less than three-fourths of the members of any RWA/society may determine that it shall be dissolved, then an RWA can be also dissolved. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Dear Sir,

First file a report to that effect and take orders from the Deputy Registrar of Concerned Department. 

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

Only if the society is split and different society is formed. Otherwise no. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

there is no bar in forming/registration of two or more associations in any residential township,

 


you can register a new RWA

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

So if the registration of the previous r w a is expired then that r w a is no more valid and a new one can of course be formed

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The RWA remains the same ,however new president and members can be selected after due election ..

Hemant Chaudhary
Advocate, Gurgaon
4609 Answers
53 Consultations

4.9 on 5.0

New RWA cannot be formed when already an RWA exists.

When there is an existing RWA but inactive, it has to be dissolved first by passing a majority resolution.

Thereafter, a new RWA can be formed.

 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Yes , it can be formed only after the dissolution of the old one.

Swarupananda Neogi
Advocate, Kolkata
2935 Answers
6 Consultations

4.7 on 5.0

If there exists registered association then a new association cannot be formed.

A letter addressed to the registrar of cooperative society signed by all members may be submitted to get the lapsed registration renewed and also to conduct elections to the association as per the procedures. 

You may visit the below given link for further assistance

http://sahakara.kar.gov.in/Societies&Associations

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear Sir, 

You are suggested to first get the RWA dissolved and then form the new RWA.  

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

The existing RWA can be dissolved by order of the Registrar and new Association can be formed with assent of all members.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Contact the Office of the Registrar of the Societies /Associations/ Co-Operatives and inspect the register kept at their office, whether the name of the previous RWA has been taken down / struck down from it, if that is the case, then you are at liberty to form a new RWA.

In case the name exists then file a petition before the Registrar to dissolve the inactive RWA which will be done after show cause to its members and after such dissolution form a new one.

Ayan Sharma
Advocate, Kolkata
6 Answers

Not rated

Even if it is inactive the rwa is registered and hence what do the rules say about the rwa when inactive?? A new rwa may be made if the rules permit.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1. New RWA cannot be formed when one RWA is already existing.

2. If the existing RWA has become defunct then with a majority resolution it can be dissolved and then a new RWA can be elected.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Your questions are incomplete. 

Pl complete it by giving all the facts since beginning e.g formation, members,your induction,funds,legal action,corresponds, reply and replacement of members. 

I would definitely answer all your questions. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Sir/Madam

 

If the RWA has not renewed registration, it virtually does not exist. The society has come to an end. You can go ahead and create a new society/RWA, no issues. 

Balaji Iyer
Advocate, Bengaluru
18 Answers
2 Consultations

5.0 on 5.0

If there is existing RWA then New RWA cannot be formed. 

In case the Registration Certificate is not renewed within one year from the expiration of the period of validity of the certificate, the RWA becomes an unregistered. Approach before the Registrar to dissolve the inactive RWA  and Form a New RWA. 


Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

Yes new separate RWA can be formed in same area by members not satisfied with working of previous RWA. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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