Maintenance charged to flat residents
PRASANNA
(Querist) 30 August 2015
This query is : Resolved
Dear sir,
I am resident and office bearer of a gated community in Hyderabad. It's a registered society and have it's own bylaws. One of the member who has kept his house closed from last 2 years is denying maintenance payment on pretext of his flat being unoccupied. Their are other flats too which are closed for 6 to 8 months in a year but everybody pays full maintenance except for this one member.
Please guide if any legal way is available to recover maintenance from non paying members on pretext of his flat being closed. Also I will be thankful if guided on the course of action which is prevalent in hyderabad societies for recovery of maintenence from a non paying member.
Thanks.
P k Prasanna
Chanchal Nag Chowdhury
(Expert) 30 August 2015
The person concerned is bound to pay the maintenance.Check your byelaws if there is any remedy there.U R at liberty to cut off the amenities like lift, water etc. which R part of the services rendered by the society.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 30 August 2015
No member shall withheld maintenance in perpetuity.
1) Write to registrar to persue the matter
2) Obtain Certificate of recovery u/s 101
3) proceed with recovery proceedings under Coop Hsg.Soc Act.1960
