Dear Client,
For not paying maintainance charges, his common facilties can stopped like use of lift , common areas etc.
Refusal to become member
Ours is a bungalow society with plan sanctioned under "Group Housing Scheme". One of the member sold his property without informing the society and without paying his old maintenance charges. The new purchaser also purchased the property without checking with the society the status of old owner. The new purchaser had neither applied for the membership nor paying the maintenance charges. The new purchaser now refuses to become member of the society. What remedies the managing committee/society has against the new purchaser??
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
your remedy is against seller
he is member of the society
sue him to recover the outstanding dues
society can be sued for non-payment of the charges, which according to the rules of the society, they are bound to pay.
1) If that new member does not want to join the society than society can't force hom to join it.
2) Society can stop all facilities, maintenance and security protection towards that member. And remove his membership from society as per MCS Act.
1. Association /Society membership cannot be forced and is voluntary.
2. For old and new outstanding dues, file Civil suit for recovery, from the present occupant of the property.
Keep Smiling .... Hemant Agarwal
Sir issue a legal notice to the member who sold the property to pay all the pending charges make new owner also addressee in notice and further state that the common facilities like road, park, or other society common land area cannot be used by him.
The resident welfare Association have the authority to stop the maintenance of the subject property.
In case of maintenance outstanding they can file money suit to recover the amount outstanding and he will not be allowed to have any privileges of the members of the resident welfare Association and will not be able to participate in the election.
