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Abhay   16 May 2021

Late fees by society

My society has asked me for late fees for maintenance charges after 4 years. All those years they did not communicate with me. I was present in all AGM and have been communicating with them.

they are asking for late payment of 2017 now. Is it correct?



Learning

 7 Replies

Sankaranarayanan (Advocate)     16 May 2021

it is your duty to pay the charges in time, if breach then bear the penalty

SHIRISH PAWAR, 7738990900 (Advocate)     16 May 2021

Hello,

You have to pay the society maintenance as resolved by society. Otherwise, society can charge late fees and take legal action for recovery of the society maintenance. 

Pradipta Nath (Advocate)     16 May 2021

Why you have not taken the initiative? Because it is your onw cause!

kavksatyanarayana (subregistrar/supdt.(retired))     16 May 2021

When you are attending AGMs and you know that you have to pay maintainance charges but not paid.  So as per rules of the society bylaws, it is mentioned to pay penality, you shall pay penlity for breach of conditions.

Abhay   17 May 2021

Problem is not about late fees payment.

1. It is notified after 4 years.

2. Society stopped arbitrarily sending emails for maintenance payments.

sneha jaiswal   18 May 2021

Hello, Greetings of the day!

For the query you posted, I would suggest that:

When you are in AGM and you are well aware that you have to pay maintenance charges but still, you have not paid the maintenance amount. So according to the rules of society, if it is mentioned to pay a penalty, so you have to pay the same for breach of terms and conditions.

If a flat-owner fails to pay his maintenance charges on time, the society can initiate legal proceedings to recover the said bill amounts. In such an application, the society shall request the Registrar to issue a certificate for the recovery of the amount against the defaulting member of the society.

Hope it helps

Best Regards,

Sneha Jaiswal

Abhay   18 May 2021

Please read query. I have paid everything. During AGM I asked verbally, no dues.

Now after 4 years they sent email.


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