• RWA association

We have made an RWA asso and registered it under societies act 2012. My questions are as follows;
1. If a person is not a property owner but is a family member of the property owner can such a person become the member of RWA and will he be allowed to fight elections?
2. Is there a specific case law which sets a precedence that such a person can or cannot fight RWA election.
Asked 1 year ago in Property Law from Gurgaon, Haryana
Religion: Hindu
1) only person in whose name the flat is standing can be member of the association . family member cannot be member of the association nor stand for election 

2) you must have adopted the bye laws of the association . it would contain detailed provisions regarding membership of association , who can stand for elections etc 
Ajay Sethi
Advocate, Mumbai
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1. It would depend on the bye law of the RWA ,There is no specific bar on this issue.
2. Unless you give case history the case law can not be referred. Case laws differed with case history.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1) if flat is standing in joint names then the person whose name stands second would be the associate member 

2) he can with the consent of primary member attend AGM, stand for elections , be an office bearer 

3) persons who are not flat owners cannot be office bearers of the association 

4) the resident welfare association is formed of persons who are owners of the flat in residential complex , how can non member be an office bearer 

5)I don't have any judgement on RWA
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. If a person is not a property owner but is a family member of the property owner can such a person become the member of RWA and will he be allowed to fight elections?
You need to refer to the bye-laws in this regard.  By passing a resolution in a general body meeting, the bye-laws can be amended to this effect and can be ratified by the authorities. 


2. Is there a specific case law which sets a precedence that such a person can or cannot fight RWA election.
You cannot find  a  reported judgement in this  regard.


These are local issues confining to the society's functions which are stipulated in the bye laws, hence you may  not find a case law, even if you find a case  law, to this effect you cannot implement it here because that is  not law and it can be referred only in the court in case of a dispute arrives at the court in this regard. But remember that each case will be different to each other so any reference also may not be effective in the court. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. None of the family members of the owner can be a member of RWA. Unless there is a provision in the bye laws which specifically provides for membership rights to a person who is not the owner it has to be construed that such rights cannot vest in the individual concerned.

2. No specific case law wither exists or is required.

3. The bye laws cannot envisage every single dispute which may arise in the future. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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