Co flat owner not giving maintenance charges

balachandran (Querist) 06 February 2021 This query is : Resolved
Sir, I am residing in Chennai Tamilnadu, Thiruvallur district. I am one of a owner having five flats. All four owners co operating In maintenance except one owner who is residing in a 2nd floor. His flat is only single bedroom and other flats are double bedroom.
Every time when we spend money for maintenance and repair he is not sharing his money . Now we are facing septic tank cleaning every week because in my area there is no drainage so every time we are giving Rs 1000 to clear the septic tank and drainage tank.
Now that owner has leased his flat to person also giving money after ten to fifteen days. Every ten days we have to clear both the tanks because overflowing drainage water going to neighbours house and Street. No four flat owners have decided to clear the both underground water to avoid overflowing. Now we have decided ,Every month all must give Rs 1000 rupees for maintenance including total flat area water cleaning. If we have any balance amount in that total money we will keep it for future problems like lighting and plumbing work etc., Now one of the flat owner and his tenant in lease not ready to give the money in one time and every time septic tank cleaning also. Past 6 months we had to clean three times a month now it will be four times to avoid overflowing.
We did not registered our flat. We want to know the legal procedure to take action action on him. Shall we disconnect the water supply ? Can police complaint will solve our problems. Please help us to solve the problem and give us a solution. Thanks.

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Quick Summary

A group of flat owners in Chennai are facing issues with one co-owner who consistently refuses to pay maintenance charges, particularly for essential services like septic tank cleaning. This is causing financial strain and inconvenience for the other owners. They are seeking legal advice on how to compel the non-paying owner to contribute and are exploring options like forming a Flat Owners Association or consulting local municipal authorities.

kavksatyanarayana (Expert) 07 February 2021
First of all form a Flat Owners Association which requires at least 7 members as Executive Body. Take that owner as an executive member. If he is not willing, you can form the society with 7 members and after registration of the Society, society can give the notice to pay maintenance charges. Or consult your local area/ward/block municipal corporator and discuss with him the issue for an amicable settlement.

Dr J C Vashista (Expert) 08 February 2021
Maintenance will be paid by all flat owners as per Memorendum of association.

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