Housing society in mumbai dues in arrears for over 3 years
yogi
(Querist) 28 September 2017
This query is : Resolved
can society collect member dues which are more than 3 years old under current laws of MCS ?
can society collect previous member dues from current member ?
flat has been transferred to new member and later society found a mistake in old billing to previous member and now claiming from new member
can society discriminate for allocation of parking to Licensee ? while society is billing NOC charges to member
can society NOT charge car / scooter parking charges to members as most of the vehicles belong to committee member and not bringing this matter in AGM ?
Kishor Mehta
(Expert) 28 September 2017
(1) The Society can collect maintenance charges from a member irrespective of the period elapsed. (2) If the Society has given a 'no dues' certificate at the time of transfer it can not collect the charges from the new member. (3) The parking rules are laid out in Bye laws, Society has to observe these. (4) Parking charges, as decided at the AGM are applicable to all members.
In case of a complaint about the working of the Society one can approach the Dy. Registrar of Co-Op Housing Societies and file a written complaint under Appendix 28 of the Maharashtra CHS Bye-laws.
Guest
(Expert) 28 September 2017
I endorse the views of Mr. Kishore Mehta.
Guest
(Expert) 28 September 2017
I also agree with the opinion of Shri Kishore Mehta.
Hemant Agarwal
(Expert) 28 September 2017
FOR issues relating to "Non-Occupancy Charges" in a CHS, kindly prefer to read the following link, for answers to most of your questions:
http://www.lawyersclubindia.com/articles/Non-Occupancy-Charges-in-a-Society-5705.asp
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 28 September 2017
You can benefit from the post of Mr. Kishore Mehta.
Kumar Doab
(Expert) 28 September 2017
You may go thru the illustrated information mad available by Mr. Hemant Agarwal at the link posted by him.
yogi
(Querist) 28 September 2017
society has not issued any letter as to outstanding balance of previous member but maintenance bill shows
zero balance due on the date of transfer, and it is my impression that no society will transfer the flat unless old member dues are clear, after a year or so they have reported old members liability based on revised statement of account for each flat ( not by owners ) since registration of society which is lapse on the part of society MC - how they can hold the new member responsible for their mistake in calculations ?
Guest
(Expert) 28 September 2017
What is the response of the MC, if contacted?
yogi
(Querist) 28 September 2017
society do not reply citing that we are honorary workers and not obligated to reply
in turn, matter is handed over to an advocate to collect, so he has filed a law suit under section 91 of MCS ACT in coop court
Guest
(Expert) 28 September 2017
Shri Kishore Mehta has already advised you appropriately to approach the Dy. Registrar in that case.
yogi
(Querist) 28 September 2017
i have informed the dy registrar and called for 2nd hearing, however no show from society
not sure what dy registrar can do as to court case which is also proceeding
Guest
(Expert) 29 September 2017
Use RTI to get your required information from Dy. Registrar office.
yogi
(Querist) 29 September 2017
pl advise what you mean by this ? what info i should get from dy registrar ??
Guest
(Expert) 29 September 2017
When you don't know what information you want and what is your requirement, any type of spoon feeding will be quite irrelevant.
However, "RTI" is known as Right to Information. You may call whatever information you want about your society or flat. It is not my requirement, it is your own requirement.
Dr J C Vashista
(Expert) 01 October 2017
You did not mention in the query how you are concerned/ what is your locus standie to the query?
You were provided facilities and amenities by the Society for that you are liable to pay, if you did not pay for the same in advance, which you were supposed to pay in advance.
In case there is "some" outstanding against previous member/occupant and erroneously it was not collected from him/vendor of the flat it is liability of vendee to pay and get it reimbursed from the vendor. The amount was pending/outstanding against the flat and not the person i.e., vendor or vendee.
Undoubtedly the MC is doing voluntary and honorary social service, you will agree. However, in case of any problem, which could not be resolved amicably you should approach Registrar Cooperative Societies.
You have adequately been advised by experts, for further clarification/guidance and proceeding seek professional services of a local lawyer for your own benefit and close this thread.
