• Non-payment of maintenance and building painting charges

I am a resident of a apartment in Kolkata where there are 9 members. It is a ownership apartment and not registered as society or association. Now the case is that, few members are not paying maintenance in time and taking things as granted. Moreover the property is getting old and there are members who are not even bothered to contribute towards painting of the same.
Can the remaining flat members file a case against such members who are so careless in their approach?
Asked 3 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) you should form a cooperative society of all members 

2) once society is formed elect office bearers for management of affairs of society 

3) in the event any member defaults in payment of maintenance you can take recovery proceedings after passing of resolution in the managing committee 

4) you can also seek to recover interest for delayed payment of maintenance 
Ajay Sethi
Advocate, Mumbai
46705 Answers
2764 Consultations

5.0 on 5.0

1. No action lies against the reluctant flat members. The willing owners though can take steps to renovate the building.
2. Had there been a association under wb apartment ownership act the defaulting members could have been penalized.
3. I repeat the present dispensation can't take any action against reluctant owners. Don't make any rash decision and resolve amicably.
Devajyoti Barman
Advocate, Kolkata
13137 Answers
174 Consultations

5.0 on 5.0

A) if the defaulting members are not paying maintenance in time, one among the remaining members who is incharge of daily maintenance can issue a notice calling upon the defaulting member to pay the maintenance in time together with interest and a penalty.
since painting is one of the common amenities, the remaining members are liable to contribute their share. call for a meeting propose the total cost for painting, spell out each members contribution for the same, if the majority in such a meeting give their consent, you can proceed in accordance with law, and recover the pending amounts from the defaulting member, if he does not pay up, you can stop the water and STP connections to his/her apartment till the balance is cleared.
Kiran N. Murthy
Advocate, Bangalore
1014 Answers
91 Consultations

5.0 on 5.0

Hi, apartment residential association has to file a suit for recovery of maintenance charges to the person who has default in payment of the maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. When there is no association the remaining members cannot individually or collectively enforce the liability against the defaulters.

2. The remedy is to form an association or society and then issue a legal notice to the defaulters. If the legal notice also fails to produce the desired result the association or society, as the case may be, can file a lawsuit for recovery of money against the defaulters.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

Organise a meeting of the owners of the premises, have discussions about some members' ignorant attitude towards maintenance amount and move a resolution to charge them with their share for it with interest if the work is undertaken by others.
Also try to form an association atleast now so that such issues can be painted legally for more safety issues in future. 
T Kalaiselvan
Advocate, Vellore
36883 Answers
403 Consultations

5.0 on 5.0

1. You are deficient in providing details,

2. When was the apartments bought by you?

3. Who decided about the maintenance and how was it decided?

4. Was there any agreement entered in to by and between the apartment owners?

5. In absence of any society formed by the apartment owners or agreement entered in to by the apartment owners, the said defaulting apartment owners can not be compelled to pay maintenance legally,

6. it will be prudent on your part to form a Flat Owners' Society and register it and also settle the present impasse amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
18752 Answers
453 Consultations

5.0 on 5.0

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