Flat maintenance charges

Shefali (Querist) 04 November 2013 This query is : Resolved
I stay in a flat in housing society.
Ours is recently registered society and we are facing issues in collection of maintenance charges from non-occupant flats.

Non-occupant flats here means flats which are not occupied and closed with no one residing in flats.

Non-occupant flat owners are refusing to pay maintenance charges.
Some are ready to pay but refusing to pay water, gym bills etc. citing the reason that they are not using water.

As per the government rule can housing society collect charges for water etc. which they(non occupant flats) are not using presently from non occupant flats?

If they can collect charges from non-occupant flats then what must be the way to collect complete maintenance from such non paying flats?

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Kishor Mehta (Expert) 05 November 2013
Madam,

Please refer Society Bye-Laws, 1960 which states:

Society Bye-Laws under the MCS Act, 1960

[1]
Major Head: Responsibilities and Liabilities of Members:

(B) Expulsion of a member
u/s 51(i) A member may be expelled from the membership of the society, if such member has persistently failed to pay the charges due to the society.
[2]
Each member has to pay the maintenance charges of the Society, whether or not he is using the premises, or face expulsion.
Good Luck
Kishor Mehta

Dr J C Vashista (Expert) 05 November 2013
All the members of the society(whether occupant or not)shall have to pay maintenance, otherwise outstanding amount can be collected as land revenue under the provisions of State Cooperative Act, Rules and Bye-laws adopted by the society.

V R SHROFF (Expert) 05 November 2013
If member issue a letter to disconnect water supply to their flat, they will not be charged for water. Disconnection & re-connection must be paid in advance for plumber/ other services.
Other charges are payable, irrespective of their using or not using the services.
U provided services is enough.grd to charge.
It is either Equal or as per Sq Ft area, as per bye- Law.

WAY TO COLLECT IS 101 RECOVERY PROCEDURE

R.K Nanda (Expert) 05 November 2013
nothing to add more.

ajay sethi (Expert) 05 November 2013
members are bound to pay maintenance charges irrespective whether they are using flat or not . if members are defaulting in payment of maintenance charge them interest at 21%pa .

if still they dont pay take recovery proceedings under section 101 MCS Act