• What is the term of office of RWA

In our group housing in Lucknow Uttar Pradesh after notification to builder, LDA and Registrar an election was conducted for RWA, but when they went for geting the society register it came to light the without informing the residents builder had already got a RWA registered and hand transferred the society on paper to it so the currently elected RWA cannot be registered, it comprises mostly of his own people. After 2 years for leagal battle at registrar and commissioner office finally the fraud RWA was cancelled in Feb 2021. And the elected RWA was registered in Feb 2021 post it cancellation. So in 2022 Feb fresh elections were declared, Question is what will be the term of office be considered for the past RWA ? Is it from date of election in 2019 or date of registration in 2021?
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

It would be from date of election ie 2019 

Ajay Sethi
Advocate, Mumbai
99833 Answers
8148 Consultations

5 years

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

  1. Election of genuine RWA conducted in 2029.
  2. After dissolution of fraud RWA, genuine RWA is registered in February 2021.
  3. As genuine RWA is registered election to it stands regularized. Term of elected RWA will be computed from the date of  its election that is 2019.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

The new office or the newly registered TRWA will be reckoned from the date of its registration.

It cannot be held responsible for the  errors for the past association. 

For fresh elections to office bearers of the association, the bylaws would be the guidance. 

The term of the office bearers/management committee members would be from the date of they assuming the office after elections. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

- A Resident Welfare Association is a body that represents interest of people living in a community or a society and the association is responsible for managing day-to-day problems of the residents, organizing events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.

- Further, the residents can mutually call for an annual general body meeting to form an RWA., and the term of office of the Committee shall be three years from  the date of election. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Client,

the Term will be considered from the time of registration in 2021.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

As your registered society has been in existence since the previous fraudulently registered society has been declared illegal you may go ahead and frame rules under the byelaws of the society. Tge term of the various office bearers should have been stated in the byelaws.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

As the RWA legally came into existence only upon its registration, the relevant date for determining the term of office will be Feb 2021.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

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