See you can form a new association in that case you won't be able to recover the amount previous due, see.as member of old un registered association you can file a suit against the people not paying maintenance and further file FIR against daughter of landlord the chairman and secretary for not playing the amount and misuing funds for personal use.
Builder and Flat Owners not paying monthly maintenance
Our building has total 8 flats, 2 unsold, 4 vacant, 2 occupied by owners. We have formed an association but its unreghistered but we have a bank account. Out of the 4 vacant, landlord (her daughter) got 2 flats which are vacant. The builder is not paying monthly maintenance fees for his 2 unsold flats for almost a year now. The landlord (who has been allocated 2 flats) are not paying monthly maintenance fees and they will not pay as they do not stay in the flat. The President and Secretary posts are held by the 2 daughters of the landlord who are the flat owners. They have resigned via email all of a sudden without calling any meeting and deny to sign any cheque so the bank acocunt has been freezed literally. After they resigned they are denying to pay the monthly maintenance fees. Currently 3 flat owners are ready to carry on the maintenance (2 resident owners and 1 non-resident owner). Please suggest what we should do in the current situation so that we can form a new committe, force the non-paying owners and builder to pay monthly maintenance fees.
Asked 6 years ago in Property Law
Religion: Hindu
7 Answers
1) you should first form cooperative housing society of all flat owners
2) call AGM for election of office bearers
3) those members who dont pay maintenance sue them to recover outstanding dues with interest
As the association is not registered the so called office bearers have no powers. They are just pretenders under the law. If unregistered society collect money from the residents that is illegal. so better registered the society then you can claim maintenance from builder if builder refused then you can file recovery of money suit along with interest from builder.
1. "IF" you are operating /conducting operations in the name of an "unregistered" association /society, THEN you become liable to be legally prosecuted.
2. An "unregistered" association /society, is null & void and has no legal standing to collect "ANY" money etc.... in any form, whatsoever. Further it cannot force or conduct any legal action on defaulters (non-paying owners-members),
3. Registering an association /society, is very simple and is usually registered in less than 4 weeks, with minimum costs. BUT requires minimum 10 owners for the purposes. Consequent to registrations only the committee can function and collect charges /dues /whatever ....
The same can be recovered through registrar by filing recovery under the co-operative societies Act
Since it is an unregistered association, there wont be much difference in forming the new body or committee members as there are limited members.
The maintenance aspect has to be discussed and enforced as per the resolution passed by the members in the meeting and also to issue a letter to the bank to release the frozen account
Dear
you can form a new society association of all flat owners.
Inform sub registrar for previous discripencies in funds by landlord and his daughters.
The send legal notice to the members who dont pay maintenance and if they fail to comply with legal notice sue them to recover outstanding maintenance with interest
