• Maintenance charges are not paying by 25% of flat owners

Flat complex having 400 flats and 4 common lifts . Land owner owns 100 flats as the builder has no more flats. Electricity charges is still paying in builders name (individual). Since the last 3 years 75% independent flat owners formed a registered flat owners association in which land owner is not a member , so they never pay the expenses for common amenities like, water, current charges etc. Please give me your advice to recover the dues.
Asked 27 days ago in Property Law from Kochi, Kerala
Religion: Christian

1) association should sue the flat owners who are not paying for electricity , water , lift etc to recover the common maintenance charges 

 

2) they are enjoying water , electricity, lift etc  without making payment and are bound to shoulder responsibility for payment for the said facilities 

 

3) before taking legal proceedings issue legal notice to said flat owners to pay for said facilities 

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

Why dont you members disconne the water and electricity line. Or all get their own separate meters and connection line in own names. For non payment of bills,  dept. Will disconnect the line. 

For recovery of past bills have to fill recovery suit. 

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

1. Refer to the Act under which the Association was registered to find out the remedy for defaulters.

2. In most Acts the society/association can deprive the defaulters from enjoying common facilities like lift/swimming pool, club etc.

3. However the essential supplies like electricity or water can not be disconnected.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

A registered society must be formed which should include all the persons who are the owners of the flats. Notices must be issued to those who dont pay the dues and lical authorities must be involved so that this issue be sorted out. A complaint to the registrar society also be given.

Regards 

Rahul Mishra
Advocate, Lucknow
4322 Answers
11 Consultations

5.0 on 5.0

Issue notice to the landlord to become a member of the society. It obligatory. 

Complain to the registrar of society.

Get directions from court to this effect and to recovery of maintenance with restrospective effect by filling a suit. 

 

Kallol Majumdar
Advocate, Kolkata
1381 Answers
2 Consultations

5.0 on 5.0

You can recover the same through dy registrar under recovery proceedings under chapter 11 section 75 of Kerala co-operative societies Act

Prashant Nayak
Advocate, Mumbai
12892 Answers
22 Consultations

4.6 on 5.0

1.  EVEN "IF" the Land-Owner's 100 flats are not the members of the Association, EVEN THEN the  association has to raise individual bills for the 100 flats in name of Land-Owner.  IF this has not been done already, THEN the same can be done even today.

2.  On default to pay the outstanding bills, the Association is entitled to file "recovery suit" against the 100 Flats, in the local Civil Court, supported by all relevant documentary evidences.  Based on the merit of the case, the Civil Court would grant the recovery certificate which has to be executed by following due procedure of law AND even if this fails, THEN the Flat's can be auctioned.

3.  Despite the above the Association is legally not entitled to restrain or discontinue any services & amenities to the 100 Flats, which would  be a criminal offence.

 

Hemant Agarwal
Advocate, Mumbai
2429 Answers
14 Consultations

5.0 on 5.0

Dear Sir

The following information may kindly be read:

What Are Maintenance Charges For Flats?  

You get annoyed when you see the park in you housing society splattered and littered, in spite of you regularly paying the maintenance charges. It is even more annoying to see that the basement, too, is not properly managed, and the residents park their cars using their whims and fancies. You rush to complain about poor maintenance to the management of your housing society. After all, you pay a substantial amount every month as maintenance charges year after year, and you would like to see it used for the purposes it is collected.

What are maintenance charges?

In gated communities, residents pay a fixed amount every month that is used for the upkeep of the common areas in a housing society.

Why the payment?

Typically, common areas in a housing society are all community and commercial facilities and may include swimming pools, staircases, elevators, lobbies, fire escapes, common entrances and exits, basements, terraces, parks, play areas, water tanks, etc.

Basically, every part of you housing society, be it the park or the lobby, the community centre or the pool, the elevators or the children's playground, is maintained using the money you pay on a month-on-month basis. 

How it is calculated?

In India, real estate developers charge anywhere between Rs 2 to Rs 25 per square foot (psf) as maintenance charge.

Suppose you live in a housing society that is spread across 15,000 square foot and there are 50 residents. If the developer charges Rs 2 psf as maintenance charge, each of the members would have to pay a monthly maintenance charge of Rs 600 every month. Housing societies in national capital Delhi, for instance, levy that kind of maintenance charge since they are smaller and offer only a certain number of amenities.  

Now, if the developer charges Rs 25 psf as maintenance charge in a housing society with similar measurement and the same number of resident, each one will have to pay Rs 7,500 every month.  Housing societies in Gurgaon and Noida typically charge monthly maintenance in that range because of the facilities they offer.

Netravathi Kalaskar
Advocate, Bengaluru
3107 Answers
14 Consultations

5.0 on 5.0

At that time of registration of flat do not give NOC unless n until maintenance is paid up to date.

 

Plus you can pass a resolution in the AGM that if maintenance is not paid on time interest will be charged as of Co-operative  Act and rules and get registered with registrar.

Ganesh Kadam
Advocate, Pune
7477 Answers
65 Consultations

4.9 on 5.0

issue a legal notice through an advocate and also file complaint before registrar.

If the owner of the apartment fail to pay the amount then you can file a suit for recovery of money. 

Mohammed Mujeeb
Advocate, Hyderabad
10238 Answers
3 Consultations

4.5 on 5.0

Whether he is a member of the society or not, if the owner is utilising the facilities then he may have to pay the maintenance charges to the association, he cannot refuse to pay them.

The association may issue a legal demand notice and demand the charges from the beginning.

 

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that despite of having a full right for ge association to recover the charges from the land owner, society has done some omissions at their end also.
  2. Firstly, he should be made to pay the same as he is is not excluded from the society as also using the common facilities like others.
  3. Secondly, you as a society should serve him a notice to get included in the society and pay the charges and if not then also will have to pay as others are paying.
  4. If he says no, then proceed legally against him as he will have to pay as per law.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

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