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Housing Society Bye Law

(Querist) 29 June 2017 This query is : Resolved 
The society was registered in 2007 under MCS Act 1960. Total 30 members are in the society. Out of 30, two members are defaulter as per society committee. That defaulter member is write a letter to society and explain that he received two maintenance bills one is after the registration of society and other is prior registration of society from 2007 go till date. He is ready to pay the dues after the registration period but he told that he will only pay the dues if the society withdrawal the bill which is prior registration. Now question is 1) society can issue two separate bills to one member like one for prior registration and other is after the registration? 2) it is maintainable in eyes of law. 3) society got in trouble if society is refused to do so and if matter is going for recovery at dy registrar under section 101 of mcs act. What will be result come it will be in favor of society or that defaulter member as per society record? What is the remedy have that defaulter member because he is also frustrated from society committee members. Please provide the remedy for defaulter member because committee members giving mental harassment to him.
Dr J C Vashista (Expert) 30 June 2017
You will have to pay the dues with arbitration charges as per MCS Act.
Rajendra K Goyal (Expert) 30 June 2017
Society can take judicious action as per bye laws, if take steps for recovery.

Even if two bills are issued, this does not entitle any member not to pay maintenance as per both / any bill. He should clear dues on the basis of any bill and request the society to withdraw second bill.
Hemant Agarwal (Expert) 25 September 2017
1. Bonafide Member is bound to pay the "legitimate bills" of the Society "FROM" the date of Registration of the Society.

2. No Member is bound to pay ANY bills that pertain to PRIOR to date of Registration of Society. It is barred by law.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest (Expert) 25 September 2017
Mr. Sandeep,

The most important information has been omitted by you. Please clarify:

1) Whether the member was in occupation of his flat before the date of registration of the society or not?

2) If in occupation, prior to the date of registration of the society, did he avail services of the unregistered society for maintenance of the society premises or not prior to the registration date of the society?
Guest (Expert) 25 September 2017
Mr. Hemant Agarwal, has often been referred to be the expert in society matters by one fake expert, but his reply did not cover most of the important aspects of the query by the querist. Any specific reason for not touching other questions?

Further, he may like to clarify, whether the society, irrespective of whether registered or not, was bound to maintain the premises of society being used on day to day basis by the member without charging maintenance charges from him with effect from the date of occupation of the flat by the member?
Guest (Expert) 25 September 2017
Very valid questions by Mr. Jigyasu.

One should not forget that society law does not deal exclusively with maintenance charges, that also prescribes fulfillment of several other terms & conditions about completion certificate and occupation of flats by the members.
Ms.Usha Kapoor (Expert) 20 June 2018
Agree with Hemanth Agawal.


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