Hi, when the apartment was sold in the month of July and August how can you claim maintenance charges for the month of April to June. You can claim the same from the land owners who's possession was there till sale of the flat. Further you have no right to Stop the registration of the flat. In the worst case, if you want to recover the same you need to file suit for recovery of the maintenance.
Power of Apartment Association
Hello Experts, I am President of an apartment association, We are registered association as per KAOA 1972 Act. The association handover was done in April, 19. In our apartment, there are some flats who are yet to pay their maintenance dues. These flats have been sold in July, Aug time frame. These flats are not ready to pay their dues for Apr, May June Qtr. They are asking us to recover it from Landlord, does association have any power to recover dues from current owner? Do we have rights to we stop the registration of these flats at registrar, because No Dues Letter is not given by association.
Asked 4 years ago in Property Law
Religion: Hindu
19 Answers
Association can legally claim outstanding maintenance charges of previous owner from the present owner by due process of law.
You can not stop registration of the flat provided it is an ownership flat.
In case of cooperative society, the rules are different.
Purchaser had to ask seller no dues from association. If they purchase without NOC, they are liable to pay dues of previous owners. Do not trasfer the share certificate which requires additional fees of 25k.
Association cannot obstruct the registration of sale deed but can prohibit many other facilities like use of common area, recovery by filling civil suit, no benefits to defaulter owners which other owners enjoying.
Water and electricity are essential needs, cannot be disconnect, but at least can issue notice to those who have not cleared no dues and potential buyers to those default flats - Water electricity shall be cut and prohibit to use common area.
Every association or Society to make provisions in its bye-laws as to whether monthly maintenance charges are to be paid by all members or by those members only whose houses are occupied or to impose slightly less maintenance charges on members whose houses are vacant.
Some members do not realise that the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but for the maintenance, repairs and reconstruction of the common infrastructure of the housing society. Maintenance of an individual house may be the responsibility of the individual member concerned.
Some societies may have in their bye-laws, two components of the monthly maintenance charges – one compulsory component paid by all members, and the second component on the actual usage basis.
It is the duty of the members to regularly pay the maintenance charges to the society, otherwise the very purpose of having a co-operative society would be defeated since every member has to make his contribution towards the society in the spirit of cooperation.
. If the society’s bye-laws provide for charging of interest for late payment of charges, then the same may be levied. However, if certain members still fail to pay the monthly maintenance charges that are due from them, then the only option left with the society is to take legal action against them as per the law applicable in a particular state.
Can Association implement an No Dues Certificate through a by-laws modification to make it mandatory before moving into apartment?
Asked 4 years ago
Yes, such by laws can be include by amendment/enactment.
Many have misconception about by-laws.
Association is not the law making authorities. You have to work within legal framework of our country.
You can not stop an owner to move into his flat . The owner gets his right by the laws of India. It is his statutory legal right . How do you can curtail his this right. It will be illegal. You should know the relevant provisions of property law , some criminal law and fundamental rights atleast so as to keep your by-laws valid in the eyes of law .
1. It is true that Service & Maintenance charges CANNOT be claimed from members, prior to the purchase date.
2. Transfer of Property, CANNOT be stopped for such reasons.
3. To recover dues, file civil suit for recovery against the parties, for dues prior to purchase date, from builder.
4. It would be illegal to put restrictive clauses in the bye-laws which hurt the rights of the Flat owners.
you can issue legal notice to flat owners to pay association maintenance
2) if the flat owners refuse to pay maintenance sue the said flat owners
3) only after flat is registered in their names and possession given would they be liable to pay association dues
dont give NOC for sale of flat unless assocation dues are paid by flat owners
- As per law, in the event of default by any member, the Association has the right to charge interest and penalty from the defaulter, and the power to recover this amount.
- Further, The Association has the right to sue defaulting members for the recovery of maintenance dues.
- If the owner has put his flat on rent, it still doesn't absolve both him and the tenant from the responsibility of paying maintenance charges.
- Being the president of Association , you can recover arrears of maintenance charges when a defaulting member comes for a NOC for sale of his Flat, a membership evidence or a transfer oh his share certificates.
- You should issue notice to the defaulters , and if no response , then you should file a case ,to recover the same.
- Yes, you can approach the Registrar, to stop the registeration of those flats , without producing NOC from the Association.
- Yes, Association can implement accordingly.
Dear Sir,
You can get issue a legal notice and then file a civil suit for recovery of arrears of maintenance with interest thereon.
Resident welfare Association is tries to no objection certificate for sale and purchase of the apartments on the basis of payment of no dues from the previous owner without the no due certificate the flat cannot be registered if it is registered then resident welfare Association can exercise its power given by the Annual General Meeting to stop the services against the defaulters after maintenance incase Apartment owners have any issue with the resident welfare Association an approach to the registrar of societies for the direction in the meantime please be aware that the rules framed by the resident welfare association and approved by the Annual General Meeting of the members are the final if they are not ultra-vires to the Karnataka Apartment maintenance act.
Haddi effective management of the society and undisputed transfer the property the resident welfare Association must issue the new due certificate to the apartment holder who is transferring the property as well as transfer charge should be recovered from both the parties according to the law which should not be more than 0.5 % of the sale consideration these provisions should be approved in Annual General Meeting are the extra ordinary General Meeting after members so that this can be effectively implemented .
for any further information you can speak to me.
If the owner of the flat fail to pay the amount then you can file a suit for recovery money for not paid the maintenance amount.
society can refuse to give NOC and transfer of flat.
Hi,
However you may amend the bye laws, but at the same time it against natural justice to ask the maintenance charges from the owners for back dated or months (when they were not owner). The owners are required to pay the maintenance charges to Association. In the present conditions, the maintenance charges for the said months will be paid by the land lord/builder/ actual owner who was in actual possession of those flats.
You can instruct the flat owners to pay the maintenance form the due date to the association and to recover the same from the landlord becasue it is not your duty to recover the same from landlord.
You can inform them that you may be constrained to initiate proper legal action to recover the maintenance amount as per the law and the bye laws in this regard if they fail to pay the same within the stipulated time period,.
To modify the bye laws the association cannot do it by themselves, they may have to get an approval through a general body meeting by passing a resolution to this effect.
Hence in the next meeting have this issue as an agenda and pass a motion for this, let the members vote for and against, after which you can decide about it
Yes you can file the recovery through the registrar in the said scenario
No association cannot recover previous dues of flat from current owner you have to send notice to land lord for payment of maintenance due towards the flats.
