A RWA is a voluntary organization setup 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. A RWA is a legal body, registered under the Societies Registration Act, 1860 (under state-specific amendments), which can sure, and be sued as well.
The Societies Registration Act, 1860, stipulates that 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, in the name of the person appointed by the governing body of the RWA for the occasion. As per the Act any member or non-member can file a complaint to the Registrar of Societies (RoS) highlighting any concern he/she may have against his/her RWA. Any person who owns a house in a housing society automatically becomes the member of the RWA.
A majority of RWAs have a 'Memorandum of Association' which contains information about its powers, functions, and how and to whom issues should be directed in case of a conflict. For instance, all appeals against the managing committee are usually made to the General Body of the association, whose decision is deemed to be final and communicated to the complainant in writing. Formation or registration of a RWA is not mandatory; only that, it has to be registered if it aims to collect money from residents for any end purpose.
Things can go wrong anytime if a RWA decides to play foul. As it could prove detrimental to the peace and welfare of the societies' residents - a situation that is not uncommon. So, what do the residents do?
Taking a devious RWAs head-on
1. Send a legal notice to the management of the RWA highlighting the issue
2. If plea goes unheard, complain to the RoS
3. RoS has to take action against the errant RWA on legitimate complaints
4. Status of action taken by the RoS can be obtained by filing a RTI
5. An individual can also file a private complaint to the RoS