Hi Ours was a proposed society(commercial building)for the phase 2008-2018.In this phase the maintenance of society was handled by proposed society.Initially I was a regular payer of maintenance but after few year I started facing major issues due to poor maintenance and eventually did not pay maintenance for a phase of 3 years.I spend money from my side to get those issues resolved.However since last 1 year I have been paying regularly. Now the official society has been formed in 2019 Jan,and the society I am sure will try to recover the pending dues.I want to know does the newly formed society have any right to carry forward the issues of the proposed society(legally)?or its a different chapter all together.Are there any legal issues I can face regarding the same. Thanks
1. The payment, recovery of arrears due or its hike depends on the bye laws of the society.
2. if a person is found to be liable to pay the maintenance charge then the liability continues even after the re constitution of society.
3. So in your case it is to be first found out whether the payment you made on your personal account would be taken into account for calculating your past dues.
The earlier society was a proposed society,the official society has been formed now.Do they have a right to carry forward the outstanding amount to this new society account? Above that do they have any recovery rights?
Yes, the arrears charges can be demanded by this new society.
Liability for payment of maintenance charges by the respective flat owners remains irrespective of reconstitution of the society.
Ethically a doctor can only prescribe medicines or advice on treatment to be followed only after seeing a patient.
Going by the books, telephonic consultation without seeing a patient is not legally valid.
All accounts of old society are handed over to new society
This means entire management is handed to new society
Thus the pending and existing dues as at the date of handover will be recoverable by new society
It cannot be altogether a new chapter
You are liable to pay arrears of maintenance
2) it is advisable to pay said arrears
If no recovery proceedings have been initiated for period of 3 years claim would be barred by limitation
Sir the new society shall take over the charge of the old society along accounts and debts so it can take steps to recover the old amount. THough the limitation of recovery period is 3 years.
Further society can impose the penalty and interest on unpaid amount.
Yes they have right to carry forward the amount.
They can recover it as per past records but you can also file objections for the same
The previous society was not duly formed under the bye laws of Society Act then the new society have no power to does any act with retrospective effect hence you will not be bound to pay the dues to the new society
If new society have any previous record about arear then they can recover due maintenance amount from you.
As per law, Yes , they have recovery rights.
The new society can enforce recovery of arrears from the members who have outstanding dues against their names provided, the old or the previous society had handed over the details properly.
The general meeting may also decide about this by passing resolution on this.
It will depend on the bye laws of the newly formed society.
If they have been authorised to recover them there's no illegality in it.