Hello Sir, We are small apartment complex with 30 flats. Very unfortunate few of the owners are deliberately not paying maintenance charges since 12-13months and now running for more than 1lakh. Many times the person creating nuisance of throwing empty alcohol bottles, keeping premises dirty etc etc. Please suggest what the association can take action in this case. We have sent multiple letters and personally informed the owner on due but of no luck.
If society or association ruling body has passed the resolution than as per Apartment association act they have to pay the maintenance amount.
If they're not paying maintenance amount and not obeying rules of the society or apartment. Kindly make a list and written complaint to sub registrar of association in your ward or area.
As per karanataka State, association act which is applicable for societies who runs on this Act.
Dear Sir,
It is settled law that if the members do no pay then you have every right to get issue a legal notice and file money recovery suit to recover the dues and you are entitled for all legal expenses which you may incur.
1. See for the maintenance association can send legal notice and can subsequently file suit to recover same if they fail on notice to deposit the amount.
2. Fir nuisance and throwing of bottles a FIR before police can be filed.
What are the facilities provided by the association to members in lieu of maintenance charges? Those members who have defaulted in paying the maintenance charges can be denied the facilities provided by the association such as services and benefit of security guard, etc. Simultaneously, the association can also file a civil suit to recover the arrears of maintenance. This is maximum which association may do.
1. IF it is a Registered Association, THEN association has to file "Recovery Proceedings" in the local district level Civil Court, for Recovery Decree against the defaulters. All this should be supported with all relevant documentary evidences & witnesses.
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Intimidation, Nuisance Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents & Witnesses.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
thank you. Would like to know if the association ( as we are in Bangalore , Karnataka by-laws) allows to disconnect WATER, LIFT , Security Guard , House keeping services to the concerned person. And what actions can be taken for unsocial behaviour , though there is no video video evidence however throwing garbage, alcohol bottles are this person regular behaviour.
NO, you can't their services as per law but you can take legal action and charge interest on amount and file the case in the registrar office.
In exercise of the powers conferred by section 30 of the 1[Karnataka] Societies Registration Act, 1960 (1[Karnataka] Act No.17 of 1960), the Government of 1[Karnataka] hereby makes the following rules namely:-
Rules
1. Title. - These rules may be called the 1[Karnataka] Societies Registration Rules, 1961.
Registrar-Officer is an officer appointed by the state government. If the state hasn’t appointed such an authority, you’d have to report to the Inspector General of Registration in Karnataka.
S. 19 - Member not to exercise rights till due payment are made.
Save as otherwise provided in sub-section (8) of section 16,
No member of a co-operative society shall exercise the rights of a member,
unless
1. It is absolutely illegal on the part of association to disconnect water and electricity as these are essential services. The office bearers of association are liable to criminal prosecution if they disconnect water and electricity, and in many cases have been convicted and sentenced to imprisonment also. Further, the association and all its office bearers will be vicariously liable under civil law to pay damages to the flat owner. If the flat owner has defaulted in payment of his water and electricity bills then service provider (electricity board and water board) can disconnect the same, but not the association. The access to lift, services of security guard and house keeping can be discontinued if these are provided by the association. However, this should be preceded by serving a legal notice to the flat owner.
2. Complaint can be filed for throwing alcohol bottles and garbage.
Dear Sir,
You cannot take law into your hand. The Supreme Court strongly warned from doing so. Get issue a strong legal notice that will the first lesson to them.
You can initiate recovery proceedings against the said member and seek recovery of all maintenance with interest
Issue legal notice to defaulters your pay association dues with interest
2) if they fail to pay file suit to recover dues with interest
Water , lift are essential services and cannot be disconnected by association
you can at most sue the member to recover the dues with interest
you can impose penalty on members who throw empty alcohol bottles , garbage in the complex provided such resolution is passed in AGM
1. Disconnecting /Discontinuing any essential /mandatory services (Electricity, Water, Lift .... ) would constitute prosecutable penal offences. This has been upheld by Mumbai HC judgments.
2. Further IF you discontinue any services and subsequently the member pays up, THEN you would be liable to return the amounts for the services for which you disconnected /discontinued.
3. Filing any Legal Proceedings requires documentary evidences and witnesses, else the case becomes stale and will ultimately be dismissed for lack of proof evidences. You can try to call the police on emergency no., show them the alcohol bottles & somebody must testify /state about the nuisance /bad behavior. This also will be sufficient.
Let the erring occupant be issued with notice for recovery of maintenance dues.
Failing which, suit for recovery of arrears can be filed against the person.
Lodge complaint with police for causing nuisance. Disconnecting basic amenities will not solve your problem, even if bye laws allows. If he goes to court of law, court will grant injunction against you.
The association as a body representing all the members can very well take action as per by laws on such issues including the nuisances created by some arrogant members.
Even fines can be imposed agaisnt the members who are littering such things.
The association can issue a legal demand notice demanding the dues from the members and then file a recovery suit also against them to recover the dues against the pending maintenance amount.
You can take the assistance of a legal consultant or an adviser in this regard to proceed against the erring members of the complex.
You cannot disconnect water, electricity though you can discontinue other services. .
You can file a police complaint for nuisance.
1. Association can file recovery suit against the owner causing nuisance and not paying maintenance.
2. Association cannot disconnect basic amenities of any members even after amendment in Bye laws.
3. Association can put penalty Or fines on thay owner who is throwing garbage and alcohol bottles in the society
Issue a simple letter to defaulter (there is no specified format for this) which should have the amount dues, period for payment and also a warning mentioned about “Failuer to make payment, society will make application to society registrar under Societies Act to recover the outstanding dues.
Society can issue a lawyer's notice to the defaulters and even follow it up (if required) by filing a suit for recovery against them in the court, but under no circumstances it can disconnect the electricity and water supply.