Regarding action by apartment association.....

Chandrasekhar Jayanti (Querist) 17 August 2026 This query is : Resolved
Hello Sir / Madam,

We have registered Apartment Association. Our Association asked for contribution from all House Owners towards Repair Fund for repair of common purpose amnities. More than 2/3rd House Owner have fully paid their contribution but very few House owner have paid partly contribution and keeping pending the balance since past 05 months.

Even after several messages sent to them, they are not responding. They are even not attending meetings also to discuss on the issue. Notices are being served by the Executive Committee members to which they are responding in a rudely and unparliamentary manner.

Can the Association EC members take legal action against them through judicial measures.

Please give me advise as what to step next.

Thanking you

Follow Query

Report Abuse

Quick Summary

This discussion addresses how an apartment association can legally pursue owners who have failed to pay their contributions to a repair fund for common amenities. Despite a majority of owners paying, a few are defaulting, ignoring notices, and responding rudely. The advice provided suggests that the association's Executive Committee can take legal action by filing a suit for recovery in the appropriate civil court or approaching a designated cooperative authority to recover the outstanding charges.

kavksatyanarayana Online

(Expert) 17 August 2026
An apartment association can approach a civil court or a designated cooperative authority to recover unpaid repair charges and maintenance charges from the defaulting owners. Under Indian law, all flat owners are legally obligated to contribute to the upkeep and repair of common areas and shared amenities.

Dr. J C Vashista (Expert) 19 August 2026
The EC of the association has to file a suit for recovery in jurisdictional civil court through a local lawyer.

Chandrasekhar Jayanti (Querist) 20 August 2026
Thank you all for giving valuable suggestions.

kavksatyanarayana Online

(Expert) 20 August 2026
You are welcome........................................

T. Kalaiselvan, Advocate (Expert) 21 August 2026
As a registered Apartment Association, the Executive Committee (EC) has full legal authority to enforce compliance with the association’s bye-laws and take judicial action to recover the pending Repair Fund contributions. Paying for the maintenance and repair of common amenities is a legally binding obligation under applicable apartment ownership laws (such as the Tamil Nadu Apartment Ownership Act, 2022 / state-specific Apartment Ownership and Societies Registration Acts).
You may first issue a legal demand notice demanding the payment of the due amount, state that failure to pay will lead to formal legal recovery proceedings in court.
The EC can lawfully restrict or withdraw access to optional/common leisure amenities (e.g., clubhouse, gym, swimming pool, assigned common parking, or community hall usage) after giving a mandatory written warning.
Note: Do not disconnect essential utilities like basic domestic water or main electricity supply, as courts view these as basic rights.
If they fail to comply within the legal notice period, the EC (represented by the President or Secretary as authorized by the Bye-laws) can file a Summary Suit / Civil Recovery Suit in the local Civil Court.
Courts routinely order defaulting owners to pay the principal balance, interest accrued, and the court costs incurred by the association.

P. Venu (Expert) 23 August 2026
What is the law under which the Association is registered?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries