• Defaulters in non registered residential societies

Hi we are new society and the association is not yet registered. However out of 298 flat owners , 2 have not paid due to their personal assumptions. What actions we can take against them as a resident and also as an association? Please help.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Society should obtain registration certificate

2) pass resolution in MC to take recovery proceedings against defaulters

3) issue legal notice to pay arrears of maintenance

4) if they fail take recovery proceedings to recover society dues

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Take legal proceedings against defaulters as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Issue legal notice to defaulters to pay society maintenance

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

You can send them polite letter to pay society dues

2) you cannot disconnect electricity, water supply of defaulters

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

The Society needs to be in place before you can take any legal action against them.

Get the Society/RWA registered first.

Act against the defaulters in terms of the bye-laws and rules and regulations of the society.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Since the Society /Association is not registered, NOBODY has any legal authority to take ANY action against any defaulter Flat-Owners. Legal Action is permissible only based on the registered bye-laws approved under the relevant Laws applicable to the Society /Association.

2. The above illegal action would amount to Criminal Intimidation & Threatening, for all legal purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The dispute is civil in nature.

For recovering the maintenance dues, you need to file civil case only. But first issue a legal notice.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Sir get the society registered first then file a recovery suit against the residents as since the society is unregistered no suit on its behalf can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The society must be registered to serve them the notice and file a suit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir no action as to cut of water and electricity can be done so only way is through recovery suit since the society is not registered it is not in legal capacity to do a suit

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Without forming the society, association lack power to enforce by laws on default by members. A non-registered society may exist in fact but not in law.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is very important to Register a Society as per Karnataka Apartment Ownership Act, 1972 to take any action against the flat owners. Generally, Builder undertakes the work of registering an Association since they have already collected fees to form an Association. However, you can personally along with at least 7 flat owners can come forward to form an association with the Registrar of Co-operative Societies. Generally, if any flat owner makes a default in payment the Management Committee has the power to remove power & water connection to the defaulting owner after giving proper notice. This provision is already mentioned in all the sale deeds of all the owners. In your case, it might take a few more months to register an association till then you can send a notice to the owner to pay maintenance with fine of rupees 100 per month until the complete realization of the amount. Once the Association is registered you can go ahead with the cutting of power/water connection. The object behind this is that once the Association is registered it will have fulltime President, Secretary, Treasurer etc and any action taken by them will be legal & binding on the residents.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

No. as of now you ccan not take any action

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Get the society registered and thereafter you can recover the same from them as arrears

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

An unregistered association cannot take any action legally against the defaulting members, their challenge may not be sustainable in court of law as they are not a registered body.

However you may issue notice based on the clause in this regard as found in the bye laws of the association.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

2 owners have not paid maintenance for august month. We took maintenance handover from builder from 1st of August only.

The payment for August is very recent, you may inform the defaulters and await their response.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Society registration might take another 1-2 months. Can’t we do anything now to get maintenance as those 2 are already availing all emenities without paying maintenance?

Dont be in a hurry and take any hasty decision.

This may backfire hence handle it patiently as per law.

You may inform them orally followed by a legal notice after which you my wait until the association is registered for taking proper legal action as per bye laws in this regard.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Maintainable can be taken only after formation of society. Individuals has no right to claim maintenance from anyone. Only a registered society can claim it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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