1) Society can recover maintenance from defaulters Once a buyer takes possession of a flat (1st July 2014), they become liable for maintenance charges, regardless of whether the society is formed or not

 Once formed, the society steps into the shoes of the builder for all maintenance-related issues. The developer must hand over the maintenance fund and the list of arrears to the committee, enabling the society to collect arrears.

2) issue legal notice to defaulters to pay the dues 

3) if they fail to pass resolution for taking legal proceedings against defaulters 

4) take legal proceedings against defaulters under provisions of Maharashtra cooperative societies act 

5) A builder cannot use outstanding dues of a few members as a blanket reason to refuse Conveyance/Deemed Conveyance of the society, as per Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963. The society can proceed with conveyance while simultaneously recovering dues from those specific members

Under the Real Estate (Regulation and Development) Act, 2016 (RERA) and various state-specific acts (like MOFA in Maharashtra), an allottee (buyer) is legally obligated to pay maintenance charges from the date of possession.

As per section 19(6) of RERA every allottee who has entered into an agreement for sale shall be responsible to make necessary payments, including maintenance charges, as specified in the agreement. Even if the society wasn't formed, the builder provided services (security, water, electricity, cleaning). If some members paid and others didn't, the defaulters are effectively enjoying services funded by their neighbors.

The builder should ideally provide a Statement of Accounts showing the arrears for each flat. To make the Society the legal "collector," there should be a formal handover document or a clause in the transition agreement where the builder assigns the right to collect these arrears to the Society. If the builder hasn't officially "gifted" or assigned these arrears to the society, a smart lawyer for a defaulter might argue that the debt is owed to the builder, not the society.The Managing Committee should pass a formal resolution in a General Body Meeting (GBM) stating that all pending dues from the date of possession are now payable to the Society to facilitate the Conveyance Deed.

Regulatory Authority (MahaRERA) has ruled that once possession is offered/taken, the buyer cannot escape the liability of maintenance, regardless of whether the society is registered yet.

Generally, debt recovery has a 3-year limit. However, in housing societies, since these are "continuing breaches" and linked to the Share Certificate and Membership, societies often successfully recover older dues during the transfer of the flat or through the Registrar.

The builder doesn’t have power to issue share certificate and only society can issue it. If possession is taken after oc  member is obligated to pay the dues

Till the date of handing over maintenance of common areas and amenities to the society, the promoter-builder is entitled to collect maintenance charges. The society has a legal right only afterwards. In your case, the society can very well demand payment of arrears after the date of hand-over from its members by sending a demand notice in writing first setting a deadline in accordance with its bylaws and taking appropriate further action in consultation with a competent lawyer.

Your issue turns on a clear distinction in law between the builder’s dues and the society’s dues, and this is where most societies face confusion.

From the date of possession (2014) till the date of society formation (2019), the maintenance—unless there is a specific legal transfer or assignment—was payable to the builder/developer, not to the society (which did not legally exist at that time). Therefore, strictly in law, those unpaid amounts are builder’s dues, not automatically recoverable by the society.

Once the society is formed, its powers to recover dues arise under the Maharashtra Cooperative Societies Act, 1960 (assuming your property is in Maharashtra). Under this law, the society can recover its own dues (i.e., maintenance from the date of formation onwards) through statutory mechanisms, including recovery proceedings. However, it cannot ordinarily recover pre-formation dues owed to the builder, unless there is a proper legal basis.

The only situations where the society can recover those earlier dues are:

• If the builder has formally assigned his right to recover maintenance to the society (through an agreement, deed of assignment, or specific clause in conveyance or handover documents); or
• If, at the time of society formation, there is a clear resolution + documented transfer of accounts showing that such arrears were taken over by the society; or
• If the bye-laws or allotment agreements specifically provide that such arrears shall be treated as society dues upon formation.

In the absence of such assignment or transfer, the society cannot legally compel members to pay builder-period arrears into the society account, because the society was not the creditor at that time.

However, you still have practical leverage:

The society can insist that members clear past dues with the builder as a condition for certain administrative approvals, but it cannot enforce recovery through statutory recovery proceedings unless the dues are legally its own.

Regarding conveyance, non-payment of maintenance by some members is often used by builders as a reason to delay conveyance, but legally this is not a valid ground. The society can independently pursue deemed conveyance proceedings against the builder.

In summary, the society can recover maintenance only from the date of its formation as its statutory right. Pre-formation maintenance is recoverable only if there is a valid legal transfer of that claim from the builder to the society. Otherwise, those dues remain between the builder and the defaulting members.

If you want, I can help you examine your society’s documents to check whether such an assignment exists and suggest a stronger recovery strategy.