RWA Frequently Asked Questions (FAQ) Zirakpur Derbassi New Chandigarh

RWA Frequently Asked Questions (FAQ) Zirakpur Derbassi New Chandigarh

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Here in this post, we cover frequently asked questions about the resident welfare association and housing societies coming up in Zirakpur Mohali Kharar Derabassi. Let’s see what are they. Also DC can issue orders under Section 144 of (CrPC) of the vested powers directing all RWA’s to get registered as per the Society Registration Act, 1860, the Punjab Co-operative Societies Act 1961, and Punjab Apartment and Property Regulation Act, 1995 with SDM’s, Deputy registrar co-operative societies and general manager district industry department.

Section 19 (9) says of RERA Act, Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the same. It is deemed to be an obligation on the part of homebuyer to form RWA for better management of the affairs of society.

Also Read- 65% complaints to Punjab real estate regulator are from Mohali district

  1. Can we file criminal complaint against society / RWA / chairman/ secretary?

 Yes, the same is maintainable before registrar of society it runs like a court case where reply is first shot and then decision is taken based on evidence adduced.

  1. Challenging society elections?

 Can be under the scrutiny of register of society if there are flaws in process itself.

  1. How do I send legal notice to housing society / rwa / apartment owner association?

 You must take the help of a good real estate / lawyer advocate who will set out the issue for you and send a good strongly drafted legal notice on your request.

  1. How to dissolve housing society?

 Usually the new election are held in April every year but application can be made to registrar of society.

  1. Who can be a member of society?

 Owner of house / flat can become as a lieutenant not required, he should compulsory take the membership.

Also Read- Pearl complex RWA lodges complaint against firm’s officials

  1. 6. Can I turn and bylaws of society?

 Any amendment in bylaws has to be approved by register the same can be challenged as well

  1. Does housing society comes under RTI?

 Yes, depends on the kind of information you are trying to seek from them.

  1. Can RTI be filed against cooperative society members?

 Yes, the RTI is maintainable before cooperative society members also?

  1. Power of registrar of societies?
  2. monitor the uses of funds by so.
  3. Cancel or suspend registration
  4. issue directions to the change or am and bylaws
  5. ensure elections are done in accordance with law.
  6. Voting rights of members in society?

 Only the owners in the society can vote.  Section 39 clause 4 of the Haryana registration and regulation of society act 2012.

Also Read- Dera Bassi housing society residents, RWA spar over maintenance charges

  1. Is RWA membership mandatory?

 No, it is not mandatory not compulsory but must pay your due on time to rwa.

  1. Can RWA compel for monthly subscription?

 Only for maintenance purposes.

  1. Complaint under section 133 crpc against RWA to magistrate?

 Complaint can be moved before magistrate for removing the nuisance.

  1. Can injunction suit be filed against rwa members?

 yes, it is maintainable.

  1. Power of RWA

 To look after the society and upkeep of welfare task.

Also Read- Sector 48 residents complain of low water pressure, blame administration

  1. Can RWA disconnect electricity?

 Well they can disconnect back up and not the electricity.

  1. How does RWA work?

 RWA works just like a regular official body under the registrar of societies act.

  1. How many members are required to make a RWA?

7 or more

 minimum is 7 and you can have them up to total owners in society.

  1. Difference between cooperative housing society and RWA?
  2. Power to transfer / limited power.
  3. work quickly transfer of shares in accordance with power to expel act.
  4. Can anyone be a RWA member?

 Yes, but one has  to subscribe for it in a proper form and he will not have voting rights

Also Read- Mohali DC directs RWAs to register within 21 days

  1. Can RWA member be terminated?

 Yes, definitely any member found not suitable for host can be terminated.

  1. What about RWA meeting?
  2. meeting of general body every year 2/3 attendance.
  3. Sitting on request of 3/4 members with prior notice.
  4. Passing of budget auditing of accounts maintenance of locality is to be discussed in such meetings.
  5. Legality of any RWA rule?

 It can be challenged before the court / SDM or registrar of society and then examined legally.

  1. Can RWA restrict people how to use society?

 no matters pertaining to fundamental rights of citizen residents are not to be infringed upon.

  1. 25.  Who can be the office bearers?>
  2. president-1.
  3. vice president-1
  4. general secretary-1
  5. treasurer-1
  6. finance advisor-1 secretary-1
  7. executive members

Also Read- RWA COMPLAINTS CHANDIGARH PANCHKULA MOHALI ZIRAKPUR KHARAR

Hope, I have answered few basic queries regarding functioning of RWA’s and Other housing Societies in New Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur etc.

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