All’s not well with the world like the movies and motivational quotes would have you believe. Basic sanitation is unavailable to 2.3 billion people worldwide, while 785 million live without safe drinking water.

Back in India, the grass is surely not ‘greener’. McKinsey projected that by 2030, India’s urban population will rise to 590 million, with more people living in cities than villages in at least five biggest states. This will make scarce the most basic resource for survival, water.

Government’s NITI Ayog think tank reported in 2018 that 21 cities in India will run out of groundwater in 2020 and by 2030, 40% of Indians will have no drinking water available.

Another major challenge would be healthy sanitation systems. For all that we Indians consume, will also be released, except not with the ease and the infrastructure of developed nations. According to the Centre for Science and Environment (CSE), 77% of sewage generated in India is untreated and dumped in water bodies like lakes, rivers, making it toxic and diseased.

At this point, you’re probably slightly alarmed but comforted at the thought of environmental technologists, eco-conscious philanthropists and green entrepreneurs who would have thought of ingenious solutions to such challenges by now…and you’re right.

One such solution is the Omni Processor technology.

What is Omni Processor technology?

It is a self-sustaining technology that turns human waste into electricity, potable water (and a little ash); quite literally, transforming human excreta into a valuable commodity. The Proof of Concept model was funded and spearheaded by Bill and Melinda Gates Foundation. OP technology was designed to improve sanitation in poor and developing nations. It is a portfolio of technologies that is capable of processing fecal sludge from various sources, hence ‘omni’. Instead of a single trademarked technology, the idea is to use different approaches for community specific needs, such as pyrolysis, supercritical water oxidation, electro-catalytic oxidation, double membrane treatment, combustion, among others.

How does it work?

We have described below a few examples of popular OP technologies used for fecal sludge treatment.

Janicki OP: A combustion based incinerator style plant, this OP burns wet sludge at 100°, separating dry solids and water vapor, which are then incinerated to produce high-pressure steam that powers the OP while producing electricity. Steam is also purified and distilled enough times to make drinkable water.

US-based Sedron Technologies (formerly Janicki Bioenergy), who was commissioned by Gates Foundation, developed a Janicki Omni Processor in 2014 and launched a pilot plant in Dakar, Senegal in 2015. The company is planning to ship their J-OP to commercial markets in the future.

SCWO: Supercritical Water Oxidation technique (notably used by Duke University researchers), completely destroys pathogens in septage, fecal/animal waste, biosolids inside a small shipping container-sized treatment unit which is scalable, eco-friendly and cost-effective.

Organic compounds in wastewater are oxidized at temperature and pressure conditions above the water’s critical point, producing water with minerals that can be used as fertilizer and later distilled to render clean drinking water.

Pyrolysis-based fecal sludge treatment plant (FSTP): This process thermally decomposes sludge at high temperature, creating byproducts like biochar to increase soil fertility and produce water.

The problem of fecal waste disposal

City-dwellers take sanitation as a basic amenity and take waste disposal for granted, unless they see staggering numbers that proclaim otherwise.

A 2018 Landscape Report titled ‘India: Market Insights for the Omni Processor’, yielded following summary:

“While 86% households in urban India have access to individual toilets, only one-thirds of them are connected to a sewerage system.”

“From the waste generated in these sewers, only two-fifth is treated due to very few Sewage Treatment Plants (STP) across India.”

“While a higher percentage of households are connected to a septic tank (38%) compared to sewers, almost none of the septage collected was being treated.”

Untreated fecal waste dumped in landfills or water bodies causes diseases like diarrhea, malaria, typhoid fever, among others. India is known for an inhumane practice called ‘manual scavenging’ or manual cleaning of human excretions. Hundreds of manual scavengers die in India each year cleaning sewers. Some sewer cleaners die by ingesting methane in clogged residential septic tanks.

The government was mostly focused on providing toilets to solve the open defecation problem, but now it has started considering Fecal Sludge and Septage Management seriously. Under the Swachh Bharat umbrella, and Atal Mission for Rejuvenation and Urban Transformation (AMRUT), pilot FS treatment plants were built in Devanahalli (Karnataka), Warangal (Telangana), Leh (Ladakh), Wai, Sinnar (Maharashtra), Narsapur (Andhra Pradesh).

Why use Omni Processors?

The Omni Processor technology is a ground breaking solution to recycling fecal waste without the need for sewage systems and can go a long way in aiding the government’s initiative of dealing with fecal sludge in environment-friendly ways. Two private companies in India are at the cutting edge of OP technology, Vadodara’s Ankur Scientific (Ankur OP) and Bangalore’s Tide Technocrats (Tide OP).

Regular sewer networks are centralised, unsustainable and unfeasible financially in developing countries. Omni Processors are essentially innovative, decentralized, scalable, and leave no environmental impact. Capital investment required is less than traditional sewer systems or FSTP set-up.

At Reinvent the Toilet expo in Beijing a few years ago, Bill Gates sipped water distilled from human feces, a feat he has repeated on Jimmy Fallon and Trevor Noah shows as well. He has successfully removed the stigma and disgust around OP generated water even though public perception may not change that easily. The fact of the matter is growing urban areas cannot afford to spend years waiting for FSTP treated water while freshwater availability dwindles due to high demand. FSTP markets are ripe for growth in India in the coming years with 2000 plants being planned in the next five years. Yet there’s a space for Omni Processor technology to fill the gap between the need for clean water and fecal sludge management in the meantime for smaller, private or residential areas. As a matter of fact, they can also be a sustainable addition to government funded FSTPs.

OP technology for housing societies

Residential societies in urban areas often face water shortage and have to pay for individual water tankers when civic bodies reduce water supply. Societies outside of corporation limits pay for water all by themselves.

If a number of residential societies pool together its resources and invest in an Omni Processor, it can indeed pave the way for a truly sustainable future. Janicki OP can cost around $1.5 million with additional operational costs but can pay for itself quickly in terms of providing 86,000 litres per day to be used for around 40,000 people, while producing 100-200 kw electricity per day. Whether your sanitation system is connected to a septic tank or sewer system (which may be linked to a dysfunctional STP that cannot bear the load), urban sprawl and waste is so enormous that it cannot be treated free of cost and you may have to pay extra for sewage cleaning of your building complexes frequently.

Bank loans are available for building STP for residential areas, so you might want to consider investing Rs 10 to 15 lakh in an Omni Processor that will save you monthly water and sewage cleaning bills. Omni Processors don’t require electricity or water and have a 20-year life expectancy, thus they are a more sustainable option than regular STP. They also treat gray water, digested/undigested sewage sludge, biosolids and residential septage.

Bylaws are a set of instructions and rules for a society to function. They come into effect once the housing co-operative is formed and are universally applicable to everyone. They are formed on the basis of the state’s co-operative societies act. However, based on the structure, requirements and membership, there are various permutations and combinations in bye-laws that a society can adopt at the time of registration and get them approved from the Registrar. Expansive as the bye-laws are, they do not always have the solution or workaround for every unforeseen circumstance. As it evolves, a society has the right to amend its bye-laws as per provisions of the law.

A society can amend its bye-laws when a pre-existing bye-law fails to meet its current situation or need adequately. For example, if your society followed a per square feet rule to arrive at a monthly maintenance charge, but underwent redevelopment and now wants to apply a hybrid maintenance calculation. In such a case, the amendment is necessary. Some societies may be facing a problem with meeting the required quorum for general body meetings and may want to reduce the required number. Others may be struggling with code of conduct within members and want to insert specific sub-clauses with respect to maintaining cleanliness, instructions to use common areas, etc. Many societies also incorporate a new penalty system to elicit better compliance from its members. Societies often put out new rules on notice boards or hand-deliver them to the members instead of amending bye-laws. However, to amend the bye-laws is a surefire policy to ensure the new rules are applied effectively.

Procedure to amend Bye-Laws

No bye-law can be amended or altered unless the members have been notified 14 days before the general meeting in which the amendment resolution is to be passed.

1. The society should pass a resolution to amend a bye-law in the general body meeting after giving a notice to all its members with respect to the proposed bye-law.
2. The resolution should be approved by 2/3rd of the majority from among members present in the meeting.
3. From the date of the meeting in which the resolution was passed, the society should submit the resolution to the Registrar within two months.
4. You are required to submit the below-mentioned documents when you send an application (with a non-judicial court fee stamp of Rs 25) to the Registrar:-
   • Copy of the existing bye-laws and the revision/ amendment to be made along with substantial reasons that justify the amendment.
   • Four copies of the bye-laws as they will appear after the amendment, signed by the Managing Committee’s authorized office bearers.
   • One copy of the notice given to members about the proposal of the amendment of the bye-laws.
   • Any specific documents required by the Registrar

Once the Registrar receives the application, he examines the proposal thoroughly and after he is satisfied that the amendment is for the benefit of the society, solves a particularly persistent problem, helps better functioning and is not in contradiction to co-operative societies act, he registers the amendment and gives the amended version of bye-laws to the society, certified and officially approved.

If the Registrar fails to close the application within 2 months, he should pass it on (within 15 months from the end of the 2-month window) the same application to an officer on a higher designation than him within the same office.

If the Registrar finds that a modification to the proposed amendment may be needed for it to be more effective, he suggests it to the society, explaining the rationale in writing.

Can the Registrar amend the bye-laws without the society’s own initiative?

If the Registrar believes that a particular amendment to the existing bye-laws is in the interest of a housing society and serves a bigger cause of the co-operative movement, he has the power to direct that amendment to be incorporated by the society within a specific timeframe decided by him.

The Registrar makes it mandatory to implement the amendment within the given timeframe. If the society fails to do so, the Registrar gives them an opportunity to present their case and justify the failure to abide. An issued and certified copy of the amendment is provided to the society which makes it legally binding. The society can make an appeal if there are any justifiable constraints in the amendment, however, it should be noted that the legal power remains with the authority to impose an amendment.

Ideally, all members should obtain a copy of the bye-laws from the housing society’s secretary, so that when an amendment takes place, they have a frame of reference to fall back on and understand why the amendment was made in the first place. The society is required a copy of bye-laws in its office for members’ perusal.

In India’s rapidly urbanizing landscape, housing societies and Resident Welfare Associations (RWAs) play a vital role in managing residential communities. Whether you live in a cooperative housing society, an apartment complex, or a gated community, forming and registering a society legally is crucial for smooth governance, financial transparency, and safeguarding residents’ interests.

This guide walks you through the importance of registration, the general process applicable across India, key benefits, and practical tips to get your society registered under the Central Societies Registration Act, 1860, and related regulations.

What is a registered society?

A registered society is a legal entity created by a group of people who come together for a common cause, in this case, managing residential living spaces and related welfare activities. Registration gives your society formal recognition under Indian law, enabling it to operate independently, enter into contracts, hold property, sue or be sued, and function transparently.

Across India, the primary central law for registering societies is the Societies Registration Act, 1860 (SRA). However, many states have their supplementary laws or rules governing co-operative societies or RWAs, which often complement the central act. For example, Maharashtra has the Maharashtra Co-operative Societies Act, 1960, and Delhi often follows additional municipal rules.

But the foundational registration principles remain largely consistent nationwide.

Why is registering your society important?

1. Legal recognition and protection

Registration confers legal identity to your society, distinct from its members. This means the society can:

• Own and manage common property,
• Open bank accounts,
• Enter into agreements or contracts (for maintenance, vendors, etc.),
• Take legal action or be sued as a single entity.

Without registration, a society functions informally and lacks legal backing, making it difficult to enforce decisions or resolve disputes effectively.

2. Uniform maintenance and financial transparency

One of the biggest challenges in unregistered societies is irregular or unequal maintenance fee collection. Members may pay voluntarily or not at all, leading to disputes and neglect of common areas.

A registered society operates under bylaws, a set of rules agreed upon and approved during registration. These bylaws make payment of maintenance and other charges mandatory and uniform. The society can:

• Levy fines or penalties on defaulters,
• Charge interest on late payments,
• Take legal steps to recover dues.

Additionally, registered societies must maintain audited financial statements and hold annual general meetings (AGMs), ensuring transparency and accountability.

3. Internal dispute resolution mechanism

Disputes over parking, noise, encroachment, or common area usage are common in housing complexes. Registered societies have the authority to:

• Form a managing committee,
• Use the society’s bylaws to mediate and resolve conflicts,
• Escalate unresolved disputes to the Registrar of Societies or co-operative courts (where applicable).

Without registration, members usually have to resort to civil courts or police, which can be lengthy, expensive, and cumbersome.

4. Tax benefits

Registered societies enjoy specific tax benefits under Section 80P of the Income Tax Act, 1961, which exempts income earned by the society from its members (such as maintenance fees and sinking fund contributions) from taxation, subject to conditions.

Unregistered societies or informal associations do not qualify for these benefits.

5. Rights over common property

Once a society is registered and the builder hands over the project, the society gains full legal rights over common areas such as:

• Gardens,
• Parking lots,
• Corridors,
• Rooftops,
• Community halls, and
• Other shared amenities.

This prevents builders or third parties from unlawfully retaining control or selling common areas, and the society can make decisions about redevelopment or upgrades.

6. Enhanced security and tenant screening

Registered societies can frame rules regarding tenant verification, subletting, and conduct within premises, including mandatory police verification for new tenants. This ensures a safer living environment and controls anti-social behavior.

Unregistered buildings often lack oversight, potentially increasing security risks.

Registration options for housing societies across India

While the Societies Registration Act, 1860, is the most common and widely applicable law, states may offer alternative or supplementary registration frameworks such as:

• Co-operative Societies Acts (state-specific) – Maharashtra, Karnataka, Tamil Nadu, etc., have their co-operative society laws for housing societies.
• Apartment Owners Associations (AOA) under various Apartment Ownership or Ownership of Flats Acts – designed specifically for apartment complexes.
• Resident Welfare Associations (RWAs) may register simply as societies under the SRA or local municipal acts, depending on the city/state.

Choosing the right registration type depends on your location, the size of your society, and legal objectives. However, registration under the Societies Registration Act is the most straightforward and widely recognized route nationwide.

Documents required to register a society

While exact requirements can vary slightly by registrar or state, the following are commonly needed:

• Application form duly filled and signed by a minimum number of members (usually 7 or more).
• A clear, unique name for the society (name approval from Registrar required).
• Address proof of the society premises.
• Memorandum of Association (MoA) detailing the society’s objectives and member information.
• Rules and regulations or bye-laws, outlining governance, member duties, maintenance, dispute resolution, etc.
• List of founding members with signatures and identification.
• Identity proofs and address proofs of members.
• NOC from local authorities (if applicable).
• Payment of prescribed registration fees.

Step-by-step process to register a housing society or RWA

1. Organize a meeting of founding members
Gather interested residents and owners (at least 7) to discuss and agree on forming a registered society.

2. Choose a name and get approval
Prepare three unique names and apply to the Registrar of Societies for name reservation.

3. Prepare MoA & bylaws
Draft the Memorandum of Association and society bye-laws in line with the model rules prescribed under the SRA.

4. Submit the registration application
File the completed application with required documents and fees to the Registrar of Societies in your state.

5. Verification & scrutiny
The Registrar examines documents, may conduct inspections, or request clarifications.

6. Receive registration certificate
On approval, the Registrar issues the registration certificate, making your society a legal entity.

7. Conduct first general body meeting (AGM)
Elect the managing committee, adopt the bylaws formally, and begin official functioning.

Rights & powers of registered societies

Once registered, societies can:

• Own and manage property and assets.
• Collect and enforce maintenance charges.
• File suits and defend themselves legally.
• Make rules and regulations binding on members.
• Hold regular audits and meetings.
• Apply for redevelopment permissions.
• Represent residents in civic matters.

Dispute resolution mechanisms available to registered societies

Registered societies have access to several forums for resolving disputes:

• Registrar of societies: Handles disputes related to functioning, elections, and compliance.
• Co-operative courts: Special courts in some states to adjudicate society-related conflicts.
• Civil courts: For general legal matters.
• Consumer forums: For issues with builders, vendors, or service providers.
• Local municipal authorities: For civic amenities and property tax disputes.

Benefits of registering as an Apartment Owners Association (AOA)

If your apartment complex does not qualify as a co-operative society, you can register as an AOA under state Apartment Ownership laws (such as the Maharashtra Apartment Ownership Act, 1970). This offers:

• Legal authority to manage common property.
• Power to collect maintenance.
• Means to resolve internal disputes.
• Facilitation of conveyance from builders to owners.
• Ability to collectively approve repairs and redevelopment.

Legal remedies for registered societies

Registered societies can take action against:

• Builders delaying handover or conveyance of common areas.
• Members defaulting on maintenance or sinking fund payments.
• Encroachments on society’s property.
• Vendors or contractors violating contracts.
• Anti-social behavior or tenant violations.

They can lodge complaints with the Registrar, approach co-operative courts, or file civil suits as needed.

Key provisions under the Societies Registration Act, 1860 (and common state laws)

• Minimum 7 members required to form a society.
• Societies must keep proper records, registers, and accounts.
• Annual general meetings and audits are mandatory.
• Bylaws govern membership, meetings, elections, and finances.
• Societies can amend their MoA or bylaws with member approval.
• Procedures exist for winding up or amalgamation.
• Dispute resolution through the Registrar or the courts.

In the modern urban Indian context, with increasing population density and complex real estate developments, a legally registered housing society or RWA is indispensable.

Registration ensures:

• Transparency and fairness in maintenance and governance.
• Legal safeguards over your home and common property.
• Access to government schemes and tax benefits.
• Structured dispute resolution and peaceful coexistence.
• Ability to negotiate effectively with builders, vendors, and authorities.

If your society isn’t registered yet, it’s time to take prompt steps to formalize it. Consult your Registrar of Societies or a legal expert familiar with local laws to get started.

A registered society is the foundation of a safe, well-managed, and vibrant residential community anywhere in India.

Read the full text of the Societies Registration Act, 1860 (India Code)

Redevelopment is the process of demolishing an existing building altogether and constructing a new one. It is a massive undertaking that requires a highly proactive and careful approach on behalf of the housing society. Let’s dive into the specifics of redevelopment and its many components. steps in redevelopment of society

What is the procedure for the redevelopment of a housing society?

Before opting for redevelopment, the society must complete a Structural Audit of the existing building. Once that is accomplished, you’d have to consider the below-mentioned steps:

1. Call a Special General Body Meeting (SGM)

As per the new rules of redevelopment of society the managing committee should convene a special meeting of the members to discuss the redevelopment project. The bye-laws state that 75% of the total number of members should be in agreement with the redevelopment project before it can be officially undertaken. (According to a redevelopment law amendment in Maharashtra, older and smaller buildings only need 51% of member approval). It is also recommended that a special redevelopment committee be set up to supervise the entire process.

2. Get quotations from architects/project management consultants (PMC)

The Committee should invite bids from at least 5 architects/PMC and present their quotes to the members before zeroing in on one of them in another SGM. They should be empaneled with the government or a legitimate authority and have a good reputation in real estate development. The members are allowed to give valid inputs and suggestions throughout the process.

3. Submit proposal for building redevelopment project

After finalising terms and conditions and, scope of work for the project with the architect/PMC, the committee must submit a proposal for the said project.

4. Receive project report

Within two months of their appointment, the architect/PMC will present to the committee a Project Feasibility Report. This report considers factors such as Floor Space Index (FSI) and Transfer of Development Rights (TDR) with respect to total residential area, common spaces, gardens, etc. The Report is made available to all members of the society, and suggestions are invited before any approvals are made.

5. Invite tenders from developers

The Architect/PMC prepares a Tender document to receive competitive bids from developers. One primary requirement is decided, which cannot be changed. This could be the carpet area or corpus fund (an amount paid by the developer due to redevelopment). In a subsequent SGM attended by the officials of the developers, all the tenders are discussed in open in the presence of the members.

6. Choose a developer

The Architect/PMC makes a comparative study of the tenders considering factors such as financial expenses, market reputation, technical soundness, successful projects of each developer and shortlists at least five. By the redevelopment rules, one of them is selected by the 3/4th majority of the members and the project can be initiated after making an agreement with the selected developer.

What are the documents needed for redevelopment?

Legal documents needed are society registration certificate, conveyance deed (necessary for self-development projects), sale deed, title certificate, a certified property card (showing ownership in the name of society), the original building plan, structural audit report, redevelopment agreement, copy of new approved plan, flat-wise carpet area list, Development Plan (DP) remark (details of the land and its surrounding area), electricity bill, water bill, and all other legal documents pertaining to the land and the buildings.

Self-redevelopment of a housing society

In recent times, more and more societies have started to opt for self-redevelopment, a process in which the builder/real estate developer is not involved in the equation at all. Societies hire architects/contractors and carry out the entire process by themselves. By choosing this option, the profit remains in the hands of society, and the possibility of fraud, delayed construction, and loss of FSI does not occur. The members end up getting a higher incremental carpet area, and the entire profit on the project gets divided equally among the members.

Financial loans and government schemes are available for self-redevelopment. As of January 2019, the government of Maharashtra is already considering giving a boost to the self-redevelopment model by sanctioning Rs.780 crore to redevelop 19 housing societies. In Mumbai alone, around 5800 projects are stalled due to glitches or setbacks at the hands of developers. Reportedly, around 50% of co-operative housing societies in Mumbai are in need of redevelopment. It was declared in March that the government will set up a special panel to incentivise self-redevelopment projects, especially in the suburbs. Mumbai Bank is giving a loan of Rs 50 crore per project. Other states are expected to follow suit in lieu of affordable housing initiative.

What is corpus fund in redevelopment?

In general terms, Corpus Fund meaning can be referred to as a capital fund; an amount kept aside for an organization/entity to operate, exist and maintain itself. These funds are not meant to be utilized for the attainment of any objectives and are accrued through voluntary contributions.

With respect to corpus fund for apartment, it’s the responsibility of the developer to collect the corpus fund in order to maintain the amenities and facilities. In other words, it’s a lump sum amount collected (think of it as a pre-paid maintenance charge) from the home buyer for maintenance purposes and is not included in the total sale amount of the property. Not the corpus fund but the interest generated on the amount can be actually utilized by the developer for the aforementioned maintenance expenses. However, once the housing society or the apartment association is formed, the developer has to hand over the corpus fund to the managing committee. For further permanent upkeep, residents pay a maintenance charge to the MC on a monthly, quarterly or annual basis on a calculation method decided unanimously.

A word to the wise

Once you give your consent in writing for redevelopment, it is irrevocable in the court of law. Therefore, the decision must be deliberated upon with caution. Also, it is imperative that you hire the services of a competent lawyer to draw out the agreement between the society and the developer and ensure that the timeframe clause is strongly captured with applicable penalties if the developer is not able to finish the project on time.

A developer is expected to finish the redevelopment project in two years with a maximum extension of one additional year. Along with the agreement, the developer is expected to give a bank guarantee of minimum 20% of the total project cost. Members residing in the building will have to move to temporary accommodation while the work is in progress. The developer usually provides alternative accommodation in the vicinity or pays monthly rents to the members for a year.

Before the residents can move out and the building can be demolished, the developer must submit the building redevelopment proposal to the municipal government, who then issues an IOD (Intimation of Disapproval). NOCs from fire authority, environment authorities, etc. are obtained. After these procedures, the Commencement Certificate is given. The residents can also claim expenses of moving and packing. You are also entitled to receive a security deposit from the developer which is the entire amount of the cost of redevelopment.

What are the benefits of redevelopment?

If your building is at least 25 years old or in dilapidated conditions, structural repair and renovation will only increase its lifespan by 4 to 5 years. Redevelopment is a more feasible and sustainable choice for the long run. The market value of a redeveloped apartment is higher than that of a repaired one. Its saleability and resale value increase by manifold. A redeveloped building offers wider, cleaner, newer living spaces for the residents, thus raising their standard of living.

Additionally, a redeveloped property usually gets upgraded amenities, such as swimming pool, gym, playground, community hall, the latest security systems, fire fighting systems, better lifts, bigger parking spaces among others. If your building is in a premium area and is slated to go for redevelopment, the market value will be even higher after redevelopment. Societies also have the provision to ask for an extra room in their apartment from the developer, thus making their living condition even more comfortable. If additional storeys are constructed, they can be sold off for profit, which, in a self redeveloped project. can become a massive source of revenue for the members.

All said and done, a poorly managed or unsupervised redevelopment project can be a nightmarish experience for the members. The members should ensure a reliable managing committee looks after their interests and exercises utmost caution in handing over the project to a conscientious developer and keep a vigilant watch over every procedure of the entire process.

Many of us use the words flat and apartment interchangeably in India. When you are looking to buy or rent a home, even a broker will say flat and apartment in the same breath, speaking about the same property. To us, it usually means a living unit in a building with a hall, kitchen, bedroom(s) and bathroom(s).

However, a flat and apartment aren’t quite the same when you speak about them outside of India. Flat is a word that is used mostly in the United Kingdom. It emerged during the industrial revolution immigrants from rural to urban areas began moving to cities and the need for buildings with affordable rental units became popular.

In America, people say ‘apartment’ when referring to the same housing units. In some cases though, the term ‘apartment’ indicates a better standard of accommodation than ‘flat’ would imply.

What is a flat?

The origin of the word ‘flat’ came from the Old English word ‘flet’ which referred to any place made for living – its literal meaning is house or floor. It dates back to the 1300s. The Scottish word ‘flet’ translates to the house interior. Today, the word is used to describe a living unit in a building which is on a single level.

What is an apartment?

The Italian word ‘appartamento’ is where the word apartment originates from. This word means private rooms for a person or a family to use in a house. The French word appartement is also where ‘apartment’ has originated from and it similarly means ‘a separated place’. It is usually used in American English, whereas the word ‘flat’ is used as an equivalent to ‘apartment’ in British English.

What is the difference between a flat and an apartment?

The term ‘flat’ and the term ‘apartment’ aren’t very different from each other, especially if you are living in India. The term is used identically here. However, if you do live abroad, there are some differences you should be aware of. For instance, in America, an apartment is a rented residential unit in a building with many such residential units. However, if these units are owned, they are called ‘condos’ – short for condominium.

In multi-story residential units, with no other residents living above or below your space, this type of residence is referred to as a ‘townhouse’.

Then there is a duplex, which is a multi-family home which has two units in the same building. While these separate units will share a common wall, their floor plan can be different. The two residential units can either be side by side or one on top of the other.

In the UK, the term ‘apartment’ has a more premium connotation than the term ‘flat’. An apartment is considered to be a residential unit that is luxurious and owned by high-society residents. The term ‘flat’ is often used when talking about homes belonging to lower-income residents of buildings.

In India, we use ‘flat’ and ‘apartment’ as if these are the same. Your preference for the term you use may depend on whether you are more accustomed to British English or American English. In India, the term flat can sometimes refer to living units of a smaller size in smaller, standalone buildings. In this case, a flat is a single residential unit that takes up a single floor of a building.

On the other hand, an apartment is often thought of as one of several residential units in a large building complex (which could have multiple buildings and blocks). Apartments are usually several residential units per a single floor as these buildings tend to be larger than those containing flats. In an apartment building, there could be multiple units of different sizes, such as 1BHK, 2BHK, 3BHK in a single floor. A building with flats would usually have only a single, smaller flat of one size per floor.

Pros and cons of living in a flat

1. Pros

There are usually a smaller number of living units in a building with flats and therefore you have more of a say in issues regarding the building. For example, if you buy an under-construction property, you may be able to give your inputs on the construction quality, materials used and the amenities to be provided by the developers.

As there are fewer residents in buildings containing flats, there is often more privacy and fewer rules governing the building. Flat owners rarely face issues that some apartment complex residents may come across regarding parking rules, pet ownership, etc.

Flat owners usually stay in buildings that are more centrally located which could make commuting to schools and workplaces easier. The availability of a range of shopping, healthcare and entertainment options could also be better.

2. Cons

Flats tend to have poorer security as there may be just one or two security guards to take care of the building.

Cleanliness and maintenance can also be a concern when there are fewer residents to pay and keep track to these services.

The amenities in buildings that contain flats can be limited as space is a constraint. So you may not find the facilities you enjoy in apartment complexes such as swimming pools, sports courts, game rooms and gyms.

Pros and cons of living in an apartment

1. Pros

When you live in an apartment, you are most likely to enjoy a building with a more spacious compound, especially if your housing society has many buildings.

Apartment complexes usually have amenities such as a swimming pool, gym, badminton court, basketball court, football field, club house and more.

Apartments tend to be cheaper to purchase as there are many residential units in these high-rise buildings that are often situated away from the main areas of the city where land prices are higher.

Because there are so many residents, the likelihood of making friends and socialising is higher.

Security and maintenance is often better in apartment complexes than in flats because there are so many people contributing and keeping track.

2. Cons

As there are a larger number of living units in an apartment complex, you may not have a lot of say in issues, especially if you disagree with the majority. Inputs on construction quality, materials used and the amenities to be provided by the developers will probably not be up for discussion.

In apartment complexes, there are usually a greater number of rules governing the buildings. Flat owners often have to abide by strict rules on parking, guest parking, pet ownership, changes to the flats and more.

Apartment owners usually stay in complexes that are not as centrally located, which could make commuting to schools and workplaces time-consuming.

The differences between a flat and an apartment in India

If we go by the usual definition of a flat and an apartment in India, we can point out the subtle differences between the two. Here are the key differences

Flat	Apartment
Word of British origin	Word of American origin
Usually is segregated into a hall, master bedroom, smaller bedrooms, bathrooms and a kitchen	Does not have a definite living plan and can be any form of dwelling – studio apartment, standard apartment, townhouse or duplex
Has all the basic living amenities	May have more than the basic amenities
Usually considered an average to premium living space	Usually considered to be a premium living space
Often referred to living units in smaller standalone buildings	Often referred to living units in larger complexes with multiple buildings
Tend to be more popular in well-known areas that have been developed for a long time	Usually popular in areas further away from the city centre where space is more abundant
May be more expensive than an apartment	Can be less expensive than a flat, especially if it is far away from the city centre

There’s no hard and fast rule that you must choose one over the other when looking to rent or buy a home. Most people will look at flats and apartments when searching for a place to live.

Whether you choose an apartment or a flat to live in will really depend on which area you’d like to live in, the affordability of the rent or price of the home, the number of bedrooms and size of place you require, what amenities you are looking for and which home you finally see yourself comfortable in.

Other important factors to keep in mind are parking, easy access to public transport, security of the building or complex as well as security of the neighbourhood, maintenance and whether there is smooth and cordial communication between residents and the managing committee.

A campus-style gated community is becoming the standard form of housing these days. Such housing complexes or estates are typically preferred for their safety, open areas, and amenities, including shared gyms, swimming pools, play areas, and gardens. A standalone home can hardly have access to so many top-notch amenities. The cost of using these facilities are split evenly among the residents.

The Residents’ Welfare Association (RWA), a group of individuals chosen by the residents from amongst themselves, exists in almost every housing complex. The Societies Registration Act of 1860 governs these residents’ welfare associations.

However, for a residents’ welfare group to be recognised as a legitimate organisation, it must be registered with the government. This will allow a certified RWA to legally benefit from several privileges. The prerequisite for being an RWA member is to be aged 18 years or above. A minimum of seven such individuals are required to form a registered RWA.

What is a Residents’ Welfare Association?

A committee comprising individuals selected from among the tenants of an apartment building is known as a residents’ welfare association.

RWAs are required to be registered under the Societies Registration Act of 1860, and function according to their respective bylaws. Typically, RWA members are tasked with keeping clean the complex under their jurisdiction and maintaining the society’s pathways and other common areas.

One of the RWA’s principal tasks is to collect the monthly common maintenance fees from the occupants of all units and utilise those funds to develop high-quality amenities and infrastructure for the residents.

Apart from the ordinary members, each RWA also has committee members, a president, a treasurer, and a secretary.

Upon registration, a residents’ welfare group becomes a legal entity with specific legal powers. Such a group or association has the right to file a lawsuit against any person or entity on legitimate grounds, and can be sued in turn.

Role of RWA (Residents’ Welfare Association) officers

There are elected officers in each registered RWA. These officers are elected at the association’s general body meeting. A president, vice president, general secretary, secretary, financial advisor, and executive members make up an RWA’s board of directors.

The president chairs every meeting of an RWA, and also oversees the duties of all office holders. The president is one of the primary signatories on any letter or notice sent by an RWA, and has the authority to manage the association’s bank accounts. The vice president supports the president in carrying out his or her responsibilities and fills in for the president whenever required.

All residents and homes inside a housing estate or society are listed in records kept by the general secretary of an RWA. They represent their society in public and in governmental settings, and are a signatory to the RWA’s bank accounts. The secretary supports the general secretary in carrying out their responsibilities and steps in whenever unavailable.

The treasurer of an RWA keeps the association’s books of accounts and collect subscriptions, rent payments, and gifts. The account and funds are balanced in a specified bank. The association’s bank account must be managed, and regular account statements presented by the treasurer.

An RWA’s executive members are obligated to participate in the association’s daily operations. Additionally, they see to it that the association’s list of office holders is submitted to the registrar. According to Section 4 of the Societies Registration Act of 1860, it is essential to file this list of office-holders.

Powers of an RWA

An RWA’s primary power is to choose and determine the composition of its membership. An RWA has the authority to terminate an individual’s membership after providing appropriate reasons and grounds.

Collecting subscription fees from all residents and setting the rate is another important power of an RWA. The overall general maintenance and upkeep of the society is covered by this subscription. Any RWA member who consistently fails to attend meetings may get their membership terminated.

If tenants complain about substandard construction and the use of subpar building materials, a residents’ welfare group can file a lawsuit against the developer. The RWA can contact the police and lodge a complaint about any issues with the construction or builder.

An RWA’s financial year cycle

The financial year of an RWA moves from April 1 through March 31 of the subsequent year. This financial cycle provides a structured framework for fiscal planning and execution.

Funds of an RWA

All residents need to pay periodic maintenance fees, which are an RWA’s principal source of funding. Many organisations hold inter-resident activities and sports matches to raise funds. Housing communities also host fairs and social events. Residents and visitors can purchase food from stalls during events such as cooking competitions, and the association collects a nominal rent from each stall.

Strategies employed to raise funds include fees collected for renting out community halls and spaces for weddings and other social gatherings. These facilities are available on rent for residents from outside the society. Outsiders and visitors can park in public lots, against which the RWA charges a fee.

The funds raised through subscriptions and fundraising initiatives go to the RWA’s bank account. The succeeding RWA acknowledges the carryover funds. Only the RWA president, treasurer, or general secretary are authorised to handle this account. A trained auditor must be hired or appointed by the association to examine the RWA’s financial records.

Roles and responsibilities of an RWA

The President’s Role:

• The president has the power to represent the association for any legal action that is brought against it. The president also has the power to sue individuals on legitimate grounds.
• The decision on whether to accept and carry out the terms of a contract presented by the committee rests with the president.
• The president should keep a broad perspective of events and ensure that all residents and members are content and nurse no reservations or issues. The president should also keep an eye on all expenditures and ensure that they are wisely spent.

Treasurer’s Role:

• The role of the treasurer in an RWA is to oversee the management of all finances held by the association. The treasurer is the sole person in charge of keeping the funds and other important documents safe and secure.
• As these records and finances are crucial to the association, the treasurer’s position should be given to a seasoned professional with strong management skills.
• The treasurer should also calculate monthly and yearly expenses as well as the overall income. The residents will benefit from the constant regulation of the fund flow this way.

Secretary’s Role:

• An RWA entrusts the secretary with the task of presiding over numerous general body sessions.
• Additionally, the secretary will be charged with gathering the meeting’s minutes and reviewing all the data presented.
• To ensure that each resident actively participates, the secretary will need to raise any issues they may have.

These are the three most important positions in an RWA.

How are RWA roles chosen?

An RWA’s governing body must consist of at least seven individuals, including the president, vice president, secretary, and treasurer.

An Annual General Meeting (AGM) is necessary, and there must be a certain minimum number of residents present to constitute a quorum. The AGM must be postponed and due notice given to all estate residents if the actual attendance falls below the required quorum.

At the AGM, all new members of the association will be chosen by ballot. Simple hand motions are also acceptable. Following the election of a new committee, the list must receive the support of at least three officials from the outgoing committee. The Registrar of Societies must be notified when a committee is newly elected, along with the names of the new officers.