Dear Sir,
I am representing a co-operative housing society in Mumbai. I have few concerns as mentioned below. Scenario: - One member hasn't paid monthly maintenance from the last so many years and his outstanding reached up to few lacs. Few weeks back he approached society verbally and through Whatsapp requested for NoC as he wanted to sell his property. Immediately after his request, the managing committee called a meeting and resolved that, no NoC shall be given as the huge maintenance is outstanding and the decision communicated to the member through Whatsapp. After a few days we received a letter from the deputy registrar's office requesting the managing committee to co-operate with the member and issue NOC as per the bye law. Society reverted to the registrar's office with facts and figures and shared documentary evidence of demand notices sent to the member for payment and no revert received from the registrar office yet even though a month has passed.
Now my concerns are mentioned below.
- Is there any legal implication to the office bearers if society denied issuing NoC to members due to non-payment of maintenance?
- Can the defaulting member sell his flat without informing society in writing or providing documents?
- Can the member allow the purchaser to stay in his flat even before the document submission to society and obtaining NoC from society?
- What action can be initiated by society to restrict the unauthorized stay in building as society do not have any documents of new occupiers.
- Can society discontinue the services like water and HK to the said flat?
- Is the current managing committee responsible for any performance failure of any of the previous committees?
Awaiting your valuable advise at the earliest please,
