Ours is apartment complex with 40 apartments. Our Apartment Owners' Association is registered under AP Societies Registration Act, 2001. 13 among 40 of our members have stopped paying monthly maintenance charges since 4 months on a flimsy personal ground, which they never state in writing. Can the duly elected Executive Committee decided to disallow those defaulting members from participating and voting at the General Body of our Association? Srinivasa Rao Tatavarti President, Nanda's Brindavan Apt. Owners' Welfare Association (Regd) Kakinada, Andhra Pradesh
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) if member has stopped paying maintenance issue notice to concerned member to pay the outstanding dues
2)place the issue in agenda of AGM to take recovery proceedings against the defaulters
3) you can debar defaulted from participating and voting in AGM if there is such provision in the society registration act of your state
1. in ashok chvan and mahadev kelker and others 2014 the supreme court has held that member of the registered society deliberately making default in payment of maintenance shall be stopped to vote and attend meetings.
2. you should file an application before the society registrar for proper direction against those members.
The committee can decide further course of action against the members who have intentionally defaulted the payment of maintenance amount to the association as per the bye laws meant for it.
You may peruse the bye laws once again fully, and discuss with the committee members about the legal action that can be initiated as per the bye laws.
If need be, this may be discussed in the special or next general body meeting and a resolution may be passed on all such issues so that this is not repeated by any other member too.
