issue legal notice to flat owner to pay society maintenance charges with interest 

2) pass resolution in managing committee to take legal proceedings against defaulter to recover society dues with interest 

3) file suit seek court orders to direct defaulter to pay arrears with interest 

if flat owner is refusing to pay common expenses take legal proceedings as advised herein above 

Dear Client,

If a resident has not paid his maintenance due till the decided due date, give a written notification of 15 days extra to make the payment.

If still not paid, Management Committee will send a notice to the defaulter and pass a resolution during an association meeting.

interest of 12% per annum may be charged on the default amount from the due date to the payment date. After this, committee may withdraw community borne facilities such as tanker-water, or generator power supplied during a power-cut, or both.

Hi

initiate a step to recover the arrears.

send the owner a legal notice demanding the dues

The Society / flat owners association can initiate a recovery proceedings after sending a notice demanding the arrears due.

Dear Sir,

Such dues can be recovered by way of filing a suit for recovery in a Civil Court after issuing a formal legal notice.

Dear Sir,

The following information may kindly be read.

Maintenance charges: All you need to know

Are you paying maintenance charges for your property? The probability of the answer being a ‘yes’ is quite high. Most of us end up paying a hefty amount yearly as maintenance charges for our properties.  However, there are several unanswered doubts about the same that several property owners face.

For instance, a common concern that flat owners in a society face is regarding the difference between maintenance charges payable for differently sized units. The legal expert on the consumer forum of Magicbricks.com – Open House – provides an answer to this. “The maintenance charges are fixed at per sq ft rate, and thus vary depending upon the area of one flat. For example, if the maintenance is Rs 2 per sq ft for a 1000 sq ft flat, monthly charge will be Rs 2000 as compared to Rs 3000 for a 1500 sq ft flat. In most cases the per sq ft charge is same and does not vary depending upon the size of the apartment.

So what does maintenance charges actually include and are the residents liable to pay only for those facilities that they actually use? “Maintenance charges include all the necessary costs required to maintain the building, common area, terrace, and other amenities including lift. For instance, whether a person is residing on the 1st floor or 8th floor, he is liable to pay for the maintenance of the lift,” says Asha Basu, partner, S Jalan & Company, Advocates.

Since when is a property owner liable to start paying these charges, is another concern that plagues several property owners. For instance, one user on Open House asked, “I own a flat in Navi-Mumbai which I have never used since possession. Am I liable to pay the maintenance charges? What are the consequences if I do not pay these charges till the time I start living there?”

Answering the query, the MB legal expert says, “The maintenance charges are applicable from the date the possession letter is issued. Thus, irrespective of the fact whether you have occupied the property or not, you are liable to pay these charges. Thus, it is advised that you clear all your maintenance dues failing which the developer will put interest on the dues as well.”

In the case you have rented your apartment, the tenant is liable to pay the maintenance charges as per the norms of the society. However, the developer or the society cannot charge different fee from owners and tenants. This is not legal.

Maintenance charges form a considerable part of the money that we spend on our property. Thus, it is imperative that we understand the nitty-gritty involved so as to avoid being deceived on any front.

You need to recover it as arrears from complaining to Dy Registrar of Co-operative Societies

1. Well, if there is an bye laws of the flat owners association then refer to this to take action against he defaulters.

2. if nothing of that sort is there then you can restrict the defaulters from using the common lift, club and swimming pool, if any.

3. However do note that there can not be any stoppage of essential services like electricity and water supply nor you can restrict in his free ingress and egress to the flat.

The society can issue a legal notice and if on notice he fails to pay a suit for recovery of the amount need to be filed.

Issue legal notice through the lawyer.

If the owner of the apartment fail to pay the amount then you can file a suit for recovery money for not paid the maintenance amount.. 

members of the society can be sued for non-payment of the charges, which according to the rules of the society, they are bound to pay.

Simple pay rent after deducting the amount incurred by you, he will respond immediately and then settle score with him.

1) If your society is registered under Association act than they have to pay all common expenses for it.

2) You can recover amount from those flat owners by passing byelaws and get 2/3rd majority votes in passed byelaws.

Hi,

You may first send a legal demand notice and then file the case the arbitration with the arbitrator of society. 

The association bye laws would guide you about further course of action on such defaults in payment of maintenance amount.

You may visit the bye laws and take action as prescribed therein.

Have you initiated the action as prescribed in the bye laws  under such circumstances, if not do it.

1. As per the information mentioned in the present query, makes it clear that the flat owner is not willing to pay the mandatory expenses even after several intimation by the society of the building.
2. I would advice you to now serve him a legal notice for paying the above mentioned expenses, otherwise you will have to seek the legal remedy.
3. This is the part of the building agreement (must be) and as now he is denying the same, resulting breach of the same agreement.
4. So, now you should file a suit for damages for breach of agreement, if he doesn’t respond the the legal notice in a positive way.