• Non-Members of Housing Society required to pay maintenance charges

I am secretary of a housing service Society. Ours is a 9 storied Tower, in which Ground & First Floor are commercial and 2nd to 9th floor is Residential. When Residents formed society, the commercial members refused to be members of the Society. Hence, Society was formed by Residential Members only. Now, on first floor there is common toilet & WC which is used by commercial non-members. Water & Electricity are provided by the society, for which the non-members do not pay any maintenance charges. Since it is not maintained properly, the dirty smell is required to be born by the Residential Members. Hence, Society gave them a notice that please pay maintenance charges for the water, electricity provided by the society and for cleanliness and maintenance of it within a period of time, otherwise Society will lock its property and will not allow to use it. But the non-members broke the locks and began using the toilet & WC. Kindly suggest what action society should take against them? Are they liable to pay the maintenance charge for using toilet & wc, even if they are not members? Can society cut the water supply provided until they pay the maintenance charges? Kindly suggest the legal action to be taken & oblige.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

It's your own common premises you can disconnect water supply

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

1)you should admit the commercial establishments as members

2)if they refuse to be members and refuse to pay maintenance then you should fie suit and seek injunction restraining them form using the toilet on first floor

3) do not cut the water supply as it is an essential service

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Hello sir , if they are not paying the charges you can cut the water supply to the floor ... The RWA has the power to intiate appropriate action against the allotee..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

If water and electricity supply is being extended to this toilet by the society, then the society is free to disconnect the said supplies in absence of any maintenance charges being paid by the occupants of non-commercial in the building.

The very fact that they are not members to this society, the society is not obliged to share it's water and electricity connection with these occupants.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

The society is at liberty to disconnect the connections if the supply is being extended by the society to the said premises.

The society is under no obligation for giving them water and electricity supply since they are not the members of the society.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

The non members who use the common facilities are required to pay the monthly maintenance for their usage.

If your directions are not adhered to by them then you can approach court with a suit for injunction restraining them from using the facilities without paying the prescribed maintenance charges.

If they broke open the lock you can lodge a criminal complaint also against them for damaging the public property.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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