LawRato

Are defaulters liable for non payment of housing society's bills


06-Aug-2023 (In Civil Law)
Our society situated at Kandivli Mumbai is 40 year old. Ground-floor is commercial space and is owned by joint family. This space was given to Dena Bank on lease. Dena Bank vacated this space as the lease got over. Now owner of this space are from joint family and they do not pay monthly society charges lived by socity since last six years. Also some 2-3 other members do not pay monthly payments of society bills. As a result society is unable to carry out major maintenance. Is there any provisions under which de-faulter can be sued ? Thanks
Answers (2)

Answer #1
714 votes
Yes, You have to give notice of payment defaulted by the Member of Property owner, thereafter you have to forward the proceeding for recovery of the Maintenance Charges as arrears of land revenue, before Deputy Director of Co-operative Society. under Section of 101 of Maharashtra Co-operative societies Act. The order once issued by the Registrar the defaulters members property may be ceased and his membership may be cancelled.


Regards,

Vijaykumar Dhakane
Advocate
Answer #2
799 votes
Yes according to provision of MOFA, MCSA 1960 you can recover it with penalty & simple rate of interest.
according to society bye law regular payment of maintenance amount is duty of owner of each flat owner and members of society. No one can deny such payment since he taking enjoyment of this premises. For this you need to give legal notice through advocate regarding that.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."