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LAKSHMANA Kumar   14 November 2023

Residential association.

We are staying at a villa community of 57 owners. In our association we are having 2 club houses (Gym, Swimming pool , Party hall etc). We are collecting Rs 7500 Quartely for maintenance. How to handle the owners who are not paying maintenance?



Quick Summary
This discussion addresses how villa communities can handle owners who fail to pay their quarterly maintenance fees. The advice hinges on understanding the association's legal structure, location, and existing bylaws. If bylaws don't specify recovery methods, issuing a legal notice is the recommended first step, with further legal action possible if payment isn't made.

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 November 2023

In which state is your association situated? Are you a co-op society or any other form of society?  Have you got byelaws? The recommendation will depend on answers to all these questions.

T. Kalaiselvan, Advocate (Advocate)     15 November 2023

Your bylaws will clearly mention the mode of recovery of maintenance amount from the defaulting members.

Believe you had not taken pain to visit your association's bylaws?

If there is nothing mentioned about recovery of arrears of maintnenance amount, then the  association secretary can issue a legal notice to the defaulting members and demand the payment of arrears amount by stipulating the time period to pay the same failing which the association can proceed with legal action to recover the same as per procedures of law


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