Society can recover maintenance charges after formation of society
2) if there are any un paid dues don’t hand over share certificate to flat owner until dues are paid
Flat owner not paying maintenance charges after possession of flat
Dear Sir, Before Registration of society,one flat member not paid any maintenance charges to builder(possessed flat in Nov-2016). After registration of Society in Aug 2018 Builder paid balance amount of collected maintenance. but still maintenance of that one member is pending. So society can recover maintenance charge before registration of society. Regards, Vishal
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
Yes builder can recover the same if it's legitimate.
Society took charge now, before it builder was authorize to collect the maintenance and due to builder only. When builder surrendered the authority and collected maintenance along with books of accounts in which flat owner/s MC are showing due than recoverable by society.
Since the society is formed, it can take over the duties without any hesitation.
The registration of society is a mere formality.
The society can collect the maintenance charges from the defaulting member by issuing a notice on the basis of the builder's statement in this regard.
Yes, society can collect maintenance charges from flat owner after taking handover society's from builder.
If Society is formed then they can recover maintenance charges.
Hello,
if the builder has handed over the society with the pending liabilities then in that case the society can give effect to recovery.
Regards
See society cannot recover maintenance charges before registration builder has to pay same and recover same from the person.
1. on and from the date of taking possession, the flat owner becomes liable to pay maintenance
2. the maintenance not paid by the flat owner results in greater liability for the other owners who paid their maintenance
3. since all flat owners have now constituted into a society, the society can also pursue pending maintenance from the owner who did not pay maintenance to the builder
Dear client
You can file a recovery suit in civil court for recovery of balance maintenance charges but for that you should have complete records of maintenance registers through which you can prove that they did not payed the maintenance for which period.
- As per the information mentioned in the present query, makes it clear that there is no legal restriction of law which say that society can’t collect from the back date.
- Society should serve the legal notice to the member for making payments.
- If he doesn’t reply to it in positive then stop providing basic amenities to him, plus go before the civil court of law for getting the money recovered along with the litigation expenses.
- Society just have to be easier about one thing I.e., he should have enjoyed the facility since 2016.
- Rest, you are free to call me at any time for further legal assistance.
