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Recovery of Outstanding Dues from Apartment Owners
13-Sep-2023 (In Property Law)
We are an Apartment Owners Association situated in Mumbai. One of our member i.e. a Condominium Apartment Owner has been defaulting in his payment of monthly maintenance charges since a long time inspite of issuance of Legal Notice by the Association. The Maharashtra Apartment Ownership Act 1970 is quite ambiguous with regards to the law & procedure pertaining to Recovery of Outstanding Dues from Apartment Owners (Unlike MCS ACT 1960 – U/s 101). May I be apprised by the respected learned counsels on the following subject issues: 1. What is the Legal remedy for Recovery of Outstanding dues from Apartment Owners and under what sections / laws ? 2. Which is the competent authority having the jurisdiction to adjudicate upon the said issue? 3. How much Court fees is required to be paid? (Tentative) 4. What is the procedure, in sequence, for initiating action against the Apartment Owner? 5. Any further valued opinion / guidance pertaining to the said issue is very much appreciated.
dispute u/s 91 of Maharashtra cooperative societies act for recovery of Rs.
1. court fee - valued of recovery amount with % interest, thereafter court fee decided.
2. member - for non compliance then membership disqualification/rejected.
3. interim injunction till disposal
4. pass resolution so that effect earlier for minute meeting and issued show cause notice to the defaulter and all members.
as per bye laws of the societies.
1. court fee - valued of recovery amount with % interest, thereafter court fee decided.
2. member - for non compliance then membership disqualification/rejected.
3. interim injunction till disposal
4. pass resolution so that effect earlier for minute meeting and issued show cause notice to the defaulter and all members.
as per bye laws of the societies.
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Adv. Nilesh Y Thengre
Nagpur | 100+ Answers
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