Can society expel our membership for non payment of monthly charges?
My society is charging exorbitant monthly & extra charges and when we refuse to pay they say will initiate action against some section of Maharashtra societies act that can expel our membership of society.
Please guide Asap.
Societies are more or less of three types, i.e., Cooperative Societies, Group Housing or by a Builder and hence are governed by the concerned law for the time being in force in conjunction with the Memorandum and Articles of the Society, which are the supreme guiding authority for the management of the society.
Further, in case of builder societies, refrence is also to the terms and conditions agreed between the builder and the user of the flat.
If the Management of the society, by a majority passes a resolution, defining the quantum of the maintainance charges, in a GBM, then the affiliated members are governed and bound by the said resolution and have to pay the same. However, whether the quantum is correct or the charges liable to be paid or not, have to be as per the MOU & AOU, if defined. Further, expulsion is also governed by the MOU and AOU, if the same is provided for therein. There may be a punitive measure of penal charges.
However, in case you fail to pay the charges, the max the society can do is curtain the common services to you, but it cancellation of membership, shall in no way affect your title or legal right in the flat/society.
Again we would require a lot more details from you, inter-alia, what kind of society, place, MOU/AOU, Builders agreement, what kind of charges etc. to help you better.
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