How to Recover the Apartment maintenance from a defaulter
I am living in an apartment in chennai and there are only 7 residents in this apartment.One of the apartment resident who is also the owner of that apartment is not paying his Monthly maintenance for the last 2 and half years. And all the other 6 owners are paying. Please guide me on how to recover the arrears and to streamline this going forward with the below given constraints.
1. The apartment association is not registered.
2. No practice of providing receipts for maintenance as it was going by mutual understanding for the last 16 years.
3. The same owner had disturbed the other owners earlier and was trying to stop the Car parking in the apartment common place. After which we had taken it legally and stopped him with a Court decree not to prevent the parking rights . Keeping that in mind, he is not paying the apartment maintenance.
Can we issue a show cause notice by the other owners to that owner stating the outstanding amount and indicating to pay the maintenance continuously. Or should we issue a legal notice on behalf of other owners. Please help.