Outstanding maintenance of society

As per society bye laws send a legal notice for money recovery.

Is it a co-operating housing society?  Is it in Maharashtra?  In Maharashtra you can apply to the Registrar of co-operative societies. The registrar will give a recovery certificate. Once the recovery certificate is obtained, the dues can be recovered as arrears of land revenue. The process can involve even auctioning of the member's interests in the society. Once you inform the member that you are going for the recovery process, he will come round. You will not have to go through the process.

Thank you for your replies Sirs. The CHS does not wish to follow the recovery process under MCS Act as it will delay the Re-development. Is it possible to recover dues from the Corpus fund or hold-up the possession of new flat?

By Corpus Fund do you mean the Repairs and Maintenance Fund or the Sinking Fund? Whatever that is, it belongs to the Society and not to individual members. If the Society is short of funds for the redevelopment work or regular repair work these amounts can be used after passing appropriate resolutions at a General Meeting. If it is sinking fund pass a resolution to recover it in future instalments from the members. Otherwise approval of the Registrar may be necessary.

Why some members are not paying their dues?  Do they dispute the amounts or do they not have funds to pay? How are you doing the redevelopment?  Is it by selling extra FSI or with funds contributed by existing members?

By Corpus I mean the amount which the developer pays to the exisitng member. Members not paying dues beacuse they don't like the MC or the penalty imposed in the bills for violations of bye-laws. Re-developement process is being followed keeping the Govt directives in  mind.

Penalties payable by members can be waived or written off by the General Body. But while calling for the General Body meeting, the agenda should clearly give the particulars in detail and the reason for the waiver.