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Tapan Kumar Dutta   19 March 2025

Can an unregistered association/society force to a flat owner to pay maintenance charges?

I am a sr.citizen, I have owned a flat by successor since 2007.. RWA not interested to Register the association of the flat owners under society Registration Act ,Govt.of w.b. the management also collecting maintenance charges since 2007. Now the management claiming to raise a Spl.fund @ Rs.5000/- per flat owners for the purpose of painting and repairing of the building. May I ask them to Register the Association under society Registration Act, Govt. Of W.B. or otherwise.


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 March 2025

Yes. You shall raise this among other flat owners and RWA shall be registered under the act of WB.  You shall object to the management how they can collect funds without forming a society and how are they call as Management?

P. Venu (Advocate)     19 March 2025

To my knowledge, there is no legal requirement that every society or association is to be registered. However, the onus rests with the GB of the Association that it is duly registered.

T. Kalaiselvan, Advocate (Advocate)     20 March 2025

A registered resident welfare association alone can be able to enforce the bylaws of the cooperative society meant for flats or apartments.

An unregistered association cannot force the members to pay maintenance neither then can sue the defaulters.

You gather like minded people and strongly object to the demand and refuse to pay any 


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