We are an Apartment Owners Association situated in Mumbai. One of our member i.e. a Condominium Apartment Owner has been defaulting in his payment of monthly maintenance charges since a long time inspite of issuance of Legal Notice by the Association. The Maharashtra Apartment Ownership Act 1970 is quite ambiguous with regards to the law & procedure pertaining to Recovery of Outstanding Dues from Apartment Owners (Unlike MCS ACT 1960 – U/s 101). May I be apprised by the respected learned counsels on the following subject issues:
- What is the Legal remedy for Recovery of Outstanding dues from Apartment Owners and under what sections / laws ?
- Which is the competent authority having the jurisdiction to adjudicate upon the said issue?
- How much Court fees is required to be paid? (Tentative)
- What is the procedure, in sequence, for initiating action against the Apartment Owner?
- Any further valued opinion / guidance pertaining to the said issue is very much appreciated.
Awaiting the precious inputs of all the esteemed lawyers.