Owners of flat not paying maintenance

This query is : Resolved 

Online (Querist)
05 February 2019

Dear Experts,

In my society of 600 flats, approx 46 flat owner are not paying their maintenance cost per month since last 4-6 years, and their flats are vacated for since then.

Dues are so much but neither they visit nor give their property on rent. In this such case what action the committee should take legally so that they pay their dues.

Can committee auction their property or seize??


Suhail A.Siddiqui (Expert)
06 February 2019

The committee should initiate recovery proceeding and then approach the Court to recover such dues. If Property owner remains to fail to satisfy the Court may pass degree. Then Committee may approach Court to execute such degree.

P. Venu Online (Expert)
06 February 2019

Where is the Society situated? It is prudent that the Management Committee obtain competent legal opinion. Any action would be based on the local laws.

kavksatyanarayanaOnline (Expert)
06 February 2019

What are the Terms and Conditions of the Society Byelaw. In society bylaws there shall be a clause under "over due of maintenance charges" that the maintenance charges due for a period of 3 or so................ So first show the bylaws to a local advocate for guidance.

Dr J C VashistaOnline (Expert)
07 February 2019

Whether it is a cooperative society or any RWA ?
Where is the property/Society situated/ located?
The amount can be recovered through appropriate proceedings but MC can neither seize nor auction flat(s) for recovery of maintenance amount.
Consult and engage a local prudent lawyer.

Neeraj JhaOnline (Querist)
08 February 2019

Previously the society handled by RWA, situated in Bahadurgarh Haryana, but RWA president was not good to give justification of expense to other members, then people gathered and protested against him. Now RWA is failed and people from society are taking care of society. But soon elections will form to choose president again in RWA.

There are many defaulters who are not paying their dues and society has no means left due to corruption of president.

Raj Kumar MakkadOnline (Expert)
09 February 2020

Make written complaint to Registrar of Societies as per Haryana Registration of Societies Act, 2012 against such President and demand holding fresh elections immediately and also strict action of recovery of dues against the defaulter members.

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