Ajai Jain 29 April 2024

Housing society in mumbai

Can a request under Bye laws 96 of Housing Society for convening a SGM can be declined by MC on the ground that all such members have not paid their dues since last 3 months?

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T. Kalaiselvan, Advocate (Advocate) 29 April 2024

If society member not paying maintenance, then he/she is ineligible to vote in a society's election for the members of its Managing Committee.
The member shall be responsible for paying for his or her own legal defence costs, and the organisation will seek reimbursement from the member in question for any expenses incurred.
The member should be aware that if a society files for the recovery of dues, the RBI Challan fees, court stamp costs, and legal costs incurred by the society must be covered by the defaulter.
Rules that could be against the defaulter may be drafted and approved by the general body. Societysociety might decide, for instance, to deny the defaulter parking space.
If the dues are not paid, the defaulter member might not sell the apartment or unit. In the event that the dues are not paid, the society may decline to provide NOC.