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P M Road Resi. Asso.   16 May 2022

Outstanding maintenance of society

Sirs,

There is an outstanding maintenance charges from few member. The society is in the process of signing the DA. Members having outstanding are blackmailing the society to write-off the dues else they will not sign the DA. Redevelopment is held-up. From the corpus? Before handing over the new flat? However, even if there is any adverse clause in the DA or Individual Agreement connected to outstanding amount these members will not sign the DA or Individual Agreement. How does the society recover its dues?



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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 May 2022

As per society bye laws send a legal notice for money recovery.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 May 2022

Is it a co-operating housing society?  Is it in Maharashtra?  In Maharashtra you can apply to the Registrar of co-operative societies. The registrar will give a recovery certificate. Once the recovery certificate is obtained, the dues can be recovered as arrears of land revenue. The process can involve even auctioning of the member's interests in the society. Once you inform the member that you are going for the recovery process, he will come round. You will not have to go through the process.

P M Road Resi. Asso.   18 May 2022

Thank you for your replies Sirs. The CHS does not wish to follow the recovery process under MCS Act as it will delay the Re-development. Is it possible to recover dues from the Corpus fund or hold-up the possession of new flat?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 May 2022

By Corpus Fund do you mean the Repairs and Maintenance Fund or the Sinking Fund? Whatever that is, it belongs to the Society and not to individual members. If the Society is short of funds for the redevelopment work or regular repair work these amounts can be used after passing appropriate resolutions at a General Meeting. If it is sinking fund pass a resolution to recover it in future instalments from the members. Otherwise approval of the Registrar may be necessary.

Why some members are not paying their dues?  Do they dispute the amounts or do they not have funds to pay? How are you doing the redevelopment?  Is it by selling extra FSI or with funds contributed by existing members?

P M Road Resi. Asso.   23 May 2022

By Corpus I mean the amount which the developer pays to the exisitng member. Members not paying dues beacuse they don't like the MC or the penalty imposed in the bills for violations of bye-laws. Re-developement process is being followed keeping the Govt directives in  mind.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 May 2022

Penalties payable by members can be waived or written off by the General Body. But while calling for the General Body meeting, the agenda should clearly give the particulars in detail and the reason for the waiver.

 

 


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