Resident welfare association (RWA) is assessed as Association of Persons (AOP) under tax Law. A Resident Welfare Association (RWA) is an entity that stands for the interest of people living in a community or a society. The association is in charge of overseeing everyday issues of the occupants, sorting out events, overseeing amenities in the apartments and buildings and also representing members when and where needed on matters related to the place.
For the most part, the association is a group of members chosen by the society members. When chosen, the RWA Registration Needs to register under the Societies Registration Act, 1860 and is administered by constitutional documents such as Memorandum of Association that illustrates their rights and objectives. At least seven individuals could subscribe in their name to MOA for registration under the Registrar of Societies to shape themselves into a Society under Societies Registration Act, 1860.
RWA Registration might be lawfully framed by a gaggle of Resident Owners. The requirements for registration differ from state to state. At least 7 Individuals within the state could apply for RWA registration with the Jurisdictional Registrar Office. In numerous states, Builder Apartment or Group housing society covered under state Apartment Act and therein Apartment Owners Association (AOA) Resident might be formed. Also, in different cases, RWA can be formed as well. However, these associations run on subscriptions acquired from members and this is exempt on the mutuality basis in the view that nobody could make income out of himself.
Documents Required for registration
1.Covering Letter
2.List of Body members ( name, Full address, Occupation and Signature on the list).
3.Address proof of all Body Members ( Voter ID/Aadhar/Driving License).
4.Address proof of Society Registered Address ( Utility Bill/ Rent agreement with NOC from Owner).
5.PAN card of all Body members.
6.Memorandum and By-Laws of the proposed Association.
7.One Affidavit from President ( on stamp paper, notarized).
8.Power of Attorney.
9.Building Completion certificates issued by concerned authorities ( if applied for Apartment owners association in some states).
10.Builders Consent and/or Representation ( if apply for Apartment owners association in some states).
11.Home Registry copy ( apply for RWA formation only).
12.Buyers Association Essential requirement:- If form at State Level - minimum 7 body members from the same state OR format central Level - Minimum 7 members from each state.
13.RWA/Apartment Owners Association Essential requirement:- Minimum 7 body members from the same state. In case of AOA, this minimum number varies state to state as per the state apartment ACT.
Process:
1.Prepare Documents- Prepare all the required documents according to rules of State Society Registration Act, State Apartment Act or Society Registration Act 1860 as the case applicable in the respective state along with guidelines issued through the Registrar.
2. Draft By-Laws- Prepare a By-Law according to Model Bye-Laws asset in the Applicable Act in the state of registration.
3. File Application with Documents- File application alongside necessary documents and By-Laws with jurisdictional Registrar.
4. Filing procedure is partly Online in a few states; otherwise, the whole process is offline and you need to visit the Registrar’s Office.
5. Pay fee- Make the payment of Government fees by Online/Cash/any other mode as the Registering authority accepts.
6. Registration Certificate- Once the name and By-Laws approved, the Registrar issues a Registration Certificate. This entire procedure takes a minimum of 25 to 90 days by the Registrar within the normal course.
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