One of the residents is not paying Maintenance fee
I am from Andhra Pradesh.
I am one among 10 flat owners in my apartment complex.
I purchased my flat from the builder out of his share of 5 flats (50:50 for land owner and builder). Builder sold his remaining 4 flats to other persons.
Land owner is having his share of the remaining 5 flats under his name.
Builder, at the time of handing over all the 10 flats (in Jan 2014), had problem with one flat owner that he sold, and so handed over only 9 flats (5 to land owner and 4 to others like me). The problematic flat was not handed over to any one by the builder since it was being dealt in the court at that time i.e Jan 2014. This committee which was formed at that time was/is not registered even until today.
From January 2014 to October of 2014, only 9 flat owners payed the maintenance fee since the 10th flat owner was not decided who it would be at that time.
At the time of formation of the committee in Jan 2014, it was brought to the notice of the builder and the 10th flat owner that whoever owns the disputed flat at the end of the dispute, will have to pay the monthly maintenance fee, starting from Jan 2014 till that resolved date and they agreed at that time. This all happened orally not written.
In the month of November 2014, the 10th flat owner and the builder came to a mutual agreement in court and finally the 10th flat owner moved into his flat. At the time of moving in, the committee demanded to pay the maintenance fee due by him/builder from January 2014 to October 2014, but none of them paid even until today.
Some months went by smoothly with regards to the monthly maintenance starting November 2014. Although all the committee members reminded the 10th flat owner to pay his dues, he never paid. So, the original land owner who owns 5 flats, got angry with the 10th flat owner. He started creating problem to the 10th flat owner saying he cannot park his car inside the apartment complex until he pay his dues. This in turn made the 10th flat owner angry and therefore he stopped paying monthly maintenance to the committee starting Feb 2015 until today.
The committee has been demanding the 10th flat owner to pay his dues and as well to the land owner to not create problem to the 10th flat owner in relation to his parking, but none of them are listening.
In this context, the remaining 4 flat owners (including me) are having tough time. We are un-necessarily paying more than required maintenance fee because the 10th flat owner stopped paying since Feb 2014 not to mention the dues he has to pay for the months Jan to Oct 2014. The 10th flat owner is enjoying all the water, common current, lift, generator, watchman etc etc except parking.
I heard that in Andhra Pradesh it is not mandatory for the apartment residents to register their committee under society registration act.
What should we/I do next to resolve this issue....?? Please help.