Sir We are staying at a residential building .It has almost 35 flats , 15 families are staying at the building and are paying maintenance , but rest are not paying which is sold , so the builder is not maintaining the facilities , but asking for the maintenance charges .
When we asked about others contribution who are not staying so not paying ,builder is saying he cant do anything .
We have not formed any association yet .
Now we dont know what should we do ,please suggest what we should do .
It is for the Society to make provisions in its bye-laws as to whether monthly maintenance charges are to be paid by all members or by those members only whose houses are occupied or to impose slightly less maintenance charges on members whose houses are vacant. Some members do not realise that the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but for the maintenance, repairs and reconstruction of the common infrastructure of the housing society.
If certain members fail to pay their monthly charges, then initially it may be advisable to persuade and convince them about the requirement of paying those charges. If need be, notices can be issued to them. If the society’s bye-laws provide for charging of interest for late payment of charges, then the same may be levied. However, if certain members still fail to pay the monthly maintenance charges that are due from them, then the only option left with the society is to take legal action against them as per the law applicable in a particular state.