• Can a Non member of Flat Societies be sued for non payment

6 Owners and 1 person who is a husband of one of the house owner together have formed Association under Karnataka Societies Registration act 1960(Karnataka Act 17 of 1960) excluding us and we have not signed any legal document we are also a owner of a one of the flat. My question is if in case we do not pay the maintenance charges and just pay the common electricity bill and water bill will they be able to sue us legally in any way ?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, As per Karnataka Apartment Ownership Act,1972 it is the duty of the flat owners to pay the maintenance charges to the association, if you fail to pay the maintenance then Association have the  authority to file suit for recover the same.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) maintenance bills would be raised on all the members of the association . all flat owners would be members of association 

2) if member defaults legal proceeding can be taken for recovery of dues . 

3) it is in your interest to join the association and pay maintenance charges 
Ajay Sethi
Advocate, Mumbai
46940 Answers
2776 Consultations

5.0 on 5.0

No they cannot sue you because you not became the member merely paying electricity bills etc. Stranger to the association cannot be sued because there is no locus. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Your elected exclusion from the association does not make you immune from a civil proceeding for recovery of outstanding maintenance charges in respect of common areas/services. If no maintenance is to be paid according to the agreement then it will suffice if you pay water and electricity bill.
Ashish Davessar
Advocate, Jaipur
23180 Answers
641 Consultations

5.0 on 5.0

How many apartments/flats are there in total and how many have opted to become members of the association formed now.
Actually, an Apartment Owners Association (AOA) is an authority that protects the rights of the apartment owners, maintains the amenities in the apartment and works for the welfare of the residents of the apartments by conducting events or awareness programs. Apartment associations in India are formed by a voluntary association of the owners of a particular apartment in India.
In almost every case the goal of the Apartment association is not to make a profit but merely to take the best care of the residents of the apartment and prevent them from suffering from discomfort. Therefore, you will commonly find Apartment Owners Associations (AOA) performing tasks like ensuring running water supply, providing power back-up facilities, preventing disputes between the apartment residents and having cultural activities and fests to foster good neighbor relations. A minimum of seven members are required to form an association. Out of these 7 members, you need to appoint office bearers and others to ensure that the Association is managed properly. The office bearers are accountable to the rest of the Association and to the members of the Apartment as a whole.A memorandum has to be created. The memorandum will state the name of the society, the objectives and the names, addresses and occupations of each and every member of the Association.
The memorandum and bye-laws of an apartment association are crucial to the operation of the Association. All members of the apartment association are to be aware of the existence of the association and the maintenance charges payable, if any. Most disputes arise because the residents are not made aware of the rules and charges.

How many apartment owners are yet to become members of the recently formed association?  If you people who are left form a a major lot than those who have formed the association, first initiate talks to to include you all as members or else you can form a association on your own and get it registered and then issue legal notice to those members to close their association and to join your association which consists of majority of flat owners.
Take the help of a lawyer to carry out all such further acts.

T Kalaiselvan
Advocate, Vellore
37121 Answers
403 Consultations

5.0 on 5.0

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