Association of apartment - action against defaulters
PM
(Querist) 20 March 2013
This query is : Resolved
Dear Friends,
We are a Association of Apartment in Pune. We have a lot of defaulters who have not made their maintenance for almost 4 years now. We have an approval from the AGM (recently held) that we can take a legal action against such chronic defaulters
We have some queries related to the same
a. Can we take any legal action and under which bye-law
b. We buy most (90%) of the water and we have very very limited water that comes from PMC. In that case can we stop water to their flats. Is there any special care that needs to be taken
c. Can we stop garbage collection, security services, club house access, swimming pool access etc. Basically can we stop services provided against the maintenance charges paid ?
d. We have so far sent only notice via mail to them. Should we also send a hard copy ? Is it mandatory
e. Any other important point
Devajyoti Barman
(Expert) 20 March 2013
Civil suit would lie to recover the dues.
In the mean time you may disconnect some common services but not essential services like water.
Send one notice through an advocate.
PM
(Querist) 20 March 2013
Thanks Devajyotiji. The notice has to go through an advocate ? Can the association itself cannot send the notice ?
Also, how do we file a civil suit case
Devajyoti Barman
(Expert) 20 March 2013
Yes , it can also send notice but notice though advocate pay yield desired result.
Raj Kumar Makkad
(Expert) 20 March 2013
There is no need to send the notice through lawyer and Association is competent enough to send such notice. You should send a final notice to such defaulters intimating them to clear their entire due within a specified date with interest @24% in the office of the society failing which the mentioned services shall be disconnected henceforth and a suit for recovery shall also be initiated against them. If a person do not pay for essential services like power and water, he is not entitled to get the same on charity basis or as a matter of right. Such services can also be cut.
Adv k . mahesh
(Expert) 20 March 2013
how come you waited for such a long time
maintenance is the only source for the association to pay for water and other utility services
some steps also can be taken
keep the names with flat numbers and their defaulted amount on the notice board
and also as stop the house hold worker who works for them
V R SHROFF
(Expert) 20 March 2013
You must form Co-operative Society.
Association have limited power.
Association cannot derive any power to cut off essential services like water and Electricity, nor can recover dues under 101.
What stops you form Regd co-op society, that have legal power for recovery & management of society Apartments ??
PM
(Querist) 21 March 2013
Dear Mr Shroff,
Do you mean that in Association of apartment, even if the person defaults on a payment of maintenance , the association cannot take any legal action against them ?
What if the maintenance is used to buy water, common area electricity, run club house , swimming pool, provide security services etc. ? I think we read in the bye-laws that people will have to abide by the rules and wil have to pay the maintenance to use the facilities.
Please help to guide us on the issue
ajay sethi
(Expert) 21 March 2013
the problem in association is that you cant avail summary procedure under 101 which is avilable for cooperative societes . so if member of association defaults you will have to move civil court for necessary reliefs which is a cumbersome procedure . hence advisable to form a society
