queshow to handle Defaulters of Resident Welfare Associatio

I am the new president of a RWA where several residents have accumulated large amounts due to the Association. We have several chronic defaulters who have in some cases more than Rs 100,000/ of maintenance due. We have so far not resorted to any disruptive options but currently we are considering stoppage of services to these apartments. Can anyone provide me with legal ramifications of stopping such services like water, parking and housekeeping or provide me with an alternative method of collection of dues?

  • ansNo Resident Welfare Association or Housing Society has authority to deprive the resident of the essential services like water, housekeeping etc. and hence you can not take that step to deal with the defaulters. You need to first publish their names on the notice board of the Association and allow a short period to comply. If they fail to respond or post up send them a legal notice demanding payment of arrears. If the defaulters fail to pay even after receipt of the legal notice you will need to file a suit for recovery in a civil court. The jurisdiction to file the suit will depend the nature of your welfare association.

  • 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 Landlord/Tenant Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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