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Flat owner association-non payment of maintenance deposit

(Querist) 20 June 2011 This query is : Resolved 
I am one of the Committee Members of Flat Owner Welfare Association for an Apartment in Trichy. For the last six years, our apartment was maintained by the Flat Promoter. At the time of booking the flats, he has collected maintenance deposit of Rs.30000/- to Rs.45000/- depending upon the number of rooms in each flat.

As per the instructions of the Promoter, we have formed Flat Owner Welfare Association. When handing over to the Association, the Promoter instead of handing over the maintenance deposit to the Welfare Association, he has handed over the deposit to individual owners.

Out of 178 flats, with great difficulty, we have collected the maintenance deposits from 171 flat owners. But seven flat owners are refusing to hand over the maintenance deposit to the association, even after our repeated requests.

Kindly clarify what is the action we can take to collect the amount from that seven flat owners.

N. Manoharan
DEFENSE ADVOCATE.-firmaction@g (Expert) 20 June 2011
form a co op society as early as possible than it will be easy to deal with such people since they can be thrown out by cancellation of their membership.

Now you can take civil action and after taking permission of the court can disconnect their facilities.
RAJU O.F., (Expert) 21 June 2011
You may proceed as per the provisions of 'The Tamil Nadu Apartment Ownership Act,1994' and 'The Tamil Nadu Apartment Ownership Rules.1997'.


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