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Unregistered housing society of 12 flats.non payment of maintenance .
12-Jul-2026 (In Property Law)
Out society of 12 flats is unregistered.One of the flat owners has not paid maintenance for about 18 months .Monthly maintenance is Rs.2000.So the due is nearly 40000.
Apart from not paying maintenance he is having a rooftop garden in the roof which is the common area and uses a huge quantity of water daily for watering the plants ,affecting the roof top floor and also costing extra electricity charges.
I want to know how do we recover the pending maintenance and to make him pay regularly.
Even if the society is unregistered, every flat owner is bound to contribute towards common maintenance if such charges were mutually agreed upon or are consistently collected. First, issue a written legal notice demanding payment of the arrears with interest within a specified time. If he continues to default, the association or flat owners may file a civil suit for recovery of the outstanding maintenance and seek appropriate relief. Regarding the rooftop garden, if the terrace is a common area, he cannot exclusively use it without the consent of the other owners. You may also seek a permanent injunction restraining unauthorized use of the common terrace and claim compensation if his actions are causing excess water/electricity charges or damage to the building.
Helpful?
Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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Even if the apartment association is not yet registered, the flat owners can jointly authorize one or more representatives to issue a legal notice demanding payment of the outstanding maintenance charges. If the default continues, a civil suit for recovery of the maintenance amount can be filed based on the agreed maintenance arrangement and records of expenses and dues.
Regarding the rooftop garden, the terrace is generally a common area, and no individual owner can exclusively occupy or use it in a manner that causes inconvenience, structural damage, or excessive consumption of common water and electricity. The owners may call a meeting, record a resolution, direct the owner to remove the unauthorized setup, and, if necessary, seek an injunction before the competent civil court.
I recommend registering the apartment association at the earliest, as it will strengthen the legal authority to recover maintenance dues and enforce the apartment rules.
Adv. Elango D., M.Sc., LL.B
Advocate | Property & Civil Matters
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Adv. Elango D
Kanyakumari | 5+ Answers
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