Fine non payment in chs

mangesh kurup (Querist) 23 May 2017 This query is : Resolved
Apart from regular maintenance charges, fine is levied for some misconduct. my questions are as follows:
1) If the member is paying regular maintenance and does not pay fine, can the person be considered as defaulter?
2) What is the maximum fine that can be charged in a year?
3) Does the "fine" due by member entitles for 21% pa interest?

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Bharat Vakil (Expert) 23 May 2017
1.Please read para 2 of Notice u/s 101 of M.C.S.Act 1960,which says "It is noticed form the records of the society that your share of the charges, including contribution to the Sinking fund, repayment of loan with interest Repairs fund, Major Repairing charges for the building and all other charges as decided by the A.G.M.is amounting to Rs---- /-as on----
2. Depends upon the decision of the A.G.M. within the framework of Byelaws/Rules/Act.
3.Maximum Simple Interest is 21%,it is to be decided amd approved by General Body.

Rajendra K Goyal (Expert) 24 May 2017
You asked:

1) If the member is paying regular maintenance and does not pay fine, can the person be considered as defaulter?

Reply:

Yes.

Rajendra K Goyal (Expert) 24 May 2017
You asked:

2) What is the maximum fine that can be charged in a year?

Reply:

Refer AGM Resolutions and bye laws of the society.

You asked:

3) Does the "fine" due by member entitles for 21% pa interest?

Reply:

interest can be levied, for rate refer AGM Resolutions and bye laws of the society.